USA Concrete Co. — Fort Smith, Arkansas
These are the full contract terms and conditions that apply to all quotes, contracts, and projects performed by USA Concrete Co. By approving a quote, the customer acknowledges they have read and agree to all terms below, including the Arkansas Lien Notice.
Required by Arkansas Law — Ark. Code Ann. § 18-44-115
I understand that each contractor, subcontractor, laborer, supplier, architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent supplying labor, services, material, or fixtures is entitled to a lien against the property if not paid in full for the labor, services, materials, or fixtures used to improve, construct, or insure or examine title to the property even though the full contract price may have been paid to the contractor. I realize that this lien can be enforced by the sale of the property if necessary. I am also aware that payment may be withheld to the contractor in the amount of the cost of any services, fixtures, materials, or labor not paid for. I know that it is advisable to, and I may, require the contractor to furnish to me a true and correct full list of all suppliers and service providers under the contract, and I may check with them to determine if all materials, labor, fixtures, and services furnished for the property have been paid for. I may also require the contractor to present lien waivers by all suppliers and service providers, stating that they have been paid in full for supplies and services provided under the contract, before I pay the contractor in full. If a supplier or other service provider has not been paid, I may pay the supplier or other service provider and contractor with a check made payable to them jointly.
The following specifications apply to each package option as quoted:
a) A deposit is required to secure your place on the schedule. For projects under $10,000, a $1,000 deposit is due at booking. For projects $10,000 and above, a deposit of 10% of the total project cost is due at booking.
b) The deposit is fully refundable if the customer cancels within 7 calendar days of booking. Cancellations made after 7 days are non-refundable, as materials and scheduling resources will have been committed.
c) The remaining balance is due in full upon project completion before USA Concrete Co. vacates the job site.
d) Accepted payment methods: cash, check, Venmo, Zelle, and credit/debit card.
e) Invoices not paid within 30 days of completion are subject to a late fee of 1.5% per month on the outstanding balance.
USA Concrete Co. warrants all workmanship against defects for the period corresponding to the package selected, beginning on the date of project completion:
The warranty does not cover damage or defects resulting from any of the following:
To submit a warranty claim, the customer must:
USA Concrete Co. will respond to all warranty claims within 5 business days of receipt. A site visit will be scheduled at no charge to assess the defect and determine coverage eligibility.
If a warranty claim is determined to be valid and covered under these terms, USA Concrete Co. will, at its sole discretion, repair or replace the defective work. USA Concrete Co. reserves the right to determine the appropriate remedy. Repair or replacement of covered defects shall be performed at no charge to the customer. USA Concrete Co. is not liable for incidental, consequential, or secondary damages beyond the direct repair or replacement of the defective concrete work.
USA Concrete Co. reserves the right to reschedule any project due to weather conditions that could compromise the quality or safety of the work, including but not limited to rain, extreme heat, freezing temperatures, or high winds. Weather-related rescheduling will be performed at no penalty to either party. USA Concrete Co. will notify the customer as promptly as possible and will work to reschedule at the earliest mutually available date. Epoxy and other coating work is also sensitive to temperature and humidity, including inside enclosed garages and buildings, and may be rescheduled when conditions could affect the bond, cure, or appearance of the coating.
USA Concrete Co. shall not be held liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, material shortages, supply chain disruptions, labor shortages, fuel shortages, government actions, civil unrest, or any other circumstance outside the direct control of USA Concrete Co. In such events, USA Concrete Co. will notify the customer promptly and reschedule at the earliest practicable date at no penalty to either party.
a) The customer is responsible for contacting Arkansas 811 (call 811) to have all underground utilities located and marked before work begins. USA Concrete Co. is not responsible for damage to unmarked or incorrectly marked utilities. Arkansas 811 does not locate private lines. The customer is responsible for locating and marking all private buried lines and objects, including irrigation and sprinkler lines, landscape lighting and low-voltage wiring, invisible pet fences, and private electrical, gas, water, sewer, septic, cable, or data lines. USA Concrete Co. is not liable for damage to buried cables, wires, pipes, or lines, whether private or utility-owned, that were unmarked, incorrectly marked, or not disclosed before work began.
b) The customer is responsible for clearing the work area of vehicles, personal property, landscaping, and obstructions prior to the scheduled start date unless removal has been specifically included in the written scope of work.
c) The customer is responsible for ensuring adequate access to the work area for equipment, materials, and concrete delivery vehicles.
d) Following completion of concrete work, the customer agrees to restrict all foot traffic from the new concrete for a minimum of 24 hours and all vehicle traffic for a minimum of 7 days. Failure to observe these restrictions may void applicable warranty coverage. Cure times for epoxy work are addressed in Section 9.
e) USA Concrete Co. is not responsible for damage to landscaping (including grass, sod, plants, shrubs, and trees), irrigation systems, buried cables, wires, or lines, or other property that occurs during or as a result of the work, including damage from equipment, concrete trucks, deliveries, forming, or excavation. Lawns and landscaping near the work area may be compacted, rutted, or damaged by normal construction traffic, and the customer accepts this risk. Landscape cleanup included in a package covers removal of construction debris and does not include repair or replacement of damaged landscaping.
Concrete is a natural material and its appearance is subject to inherent variation. The customer acknowledges and accepts the following:
a) Color variation is a natural characteristic of concrete. Finished color may vary from samples, previous pours, or adjacent slabs due to differences in cement batches, water content, curing conditions, temperature, and sunlight exposure. Color variation is not a defect and is not covered under warranty.
b) Stamped concrete patterns, textures, and colors may vary slightly from samples or photographs shown during the quoting process. Exact replication of samples cannot be guaranteed and variation is considered normal and acceptable.
c) Efflorescence — the appearance of white mineral deposits on the concrete surface — is a naturally occurring characteristic of concrete caused by water carrying soluble salts to the surface during the curing process. Efflorescence is not a structural defect, does not affect the integrity of the slab, and is not covered under warranty. It typically diminishes over time with normal weathering.
d) Minor surface variations, trowel marks, broom texture inconsistencies, and aggregate exposure differences are inherent to hand-finished concrete work and do not constitute defects.
e) Exposed aggregate finishes are time-sensitive and depend on the concrete setting evenly across the entire placement. Cold joints — visible seams or lines where fresh concrete meets concrete that has already begun to set — can occur in exposed aggregate work because of hot or windy weather, mix or delivery timing from the ready-mix supplier, or other conditions that cannot be fully controlled. Minor cold joint lines, and minor variation in aggregate exposure, color, or texture at or near these joints, are cosmetic characteristics of the finish. They are not defects in workmanship and are not covered under warranty. This does not limit coverage for structural defects described in Section 3.
USA Concrete Co. is not responsible for cracks, movement, or separation that develops at transition points between new concrete work and existing structures, slabs, foundations, curbs, or other pre-existing surfaces. Movement at these transition points is a result of differential settlement between new and existing materials and is beyond the control of USA Concrete Co. The customer is responsible for disclosing all known existing conditions, prior damage, or structural concerns at the job site prior to commencement of work. Undisclosed pre-existing conditions that affect the outcome of the project shall not be the liability of USA Concrete Co.
The following terms apply to epoxy and other resin-based floor coating work (“Epoxy Work”), including epoxy, decorative flake, metallic, polyaspartic, and urethane topcoat systems. They are in addition to the general terms of this contract. If a general term conflicts with this section as it applies to Epoxy Work, this section controls.
USA Concrete Co. warrants its Epoxy Work against defects in workmanship for one (1) year from the date of project completion. The warranty applies only to the areas coated under the written quote. The claim process and remedy described in Section 3 apply to Epoxy Work.
The Epoxy Work warranty does not cover damage or defects resulting from any of the following:
Surface preparation, including diamond grinding and repair of cracks, joints, and chipped areas, is part of the Epoxy Work as described in the quote. USA Concrete Co. may check the slab for moisture before coating. If elevated moisture or other conditions that could affect adhesion are found, we will advise the customer and may recommend a moisture-mitigation system, delay the work, or decline to coat the slab. If the customer elects to proceed over a known moisture concern, moisture-related failure of the coating is not covered. New concrete generally must cure before it can be coated, and USA Concrete Co. will advise the waiting period that applies.
Do not allow foot traffic, vehicles, or heavy items on the coating until the cure time for the installed system has passed. USA Concrete Co. will give the customer the cure times for the specific products used, along with written care instructions, at or before project completion. Coated floors should be cleaned with a soft broom or mop and a mild cleaner. Avoid harsh abrasives and solvents, wipe up spills promptly, and do not drag heavy or sharp objects across the surface.
USA Concrete Co. may utilize licensed and insured subcontractors to perform all or part of the work described in this contract. USA Concrete Co. assumes full responsibility for the quality and workmanship of all work performed under this agreement regardless of whether the work is performed directly or through subcontractors. All warranty terms and obligations stated in this contract remain the responsibility of USA Concrete Co.
Any changes to the original scope of work must be agreed upon in writing and signed by both parties before work proceeds. Additional charges resulting from scope changes will be communicated and approved in advance. USA Concrete Co. is not responsible for delays caused by customer-requested scope changes.
By signing this contract, the customer grants USA Concrete Co. permission to photograph and/or video the completed project for use in marketing, social media, and promotional materials. No personal identifying information will be published without separate written consent.
In the event that USA Concrete Co. is required to pursue collection of any unpaid balance through an attorney, collection agency, or legal proceedings, the customer agrees to reimburse USA Concrete Co. for all reasonable attorney fees, court costs, and collection expenses incurred in recovering the outstanding amount.
Any disputes arising under this contract shall be governed by the laws of the State of Arkansas. The parties agree to attempt resolution through good faith mediation before pursuing litigation. Jurisdiction and venue for any legal proceedings shall be Sebastian County, Arkansas.
This contract, together with the attached quote, constitutes the entire agreement between USA Concrete Co. and the customer. No verbal representations, promises, or modifications are binding unless confirmed in writing and signed by both parties.
By approving the attached quote, the customer acknowledges that they have read, understand, and agree to all terms and conditions stated above, including the Arkansas Lien Notice.
USA Concrete Co. | Licensed & Insured | Fort Smith, Arkansas
(479) 551-1642 | office@usaconcreteco.com | usaconcreteandcoatings.com