Terms of Service

Effective Date: January 13, 2025

Last Updated: January 13, 2025

Terms of Service

Effective Date: January 13, 2025 Last Updated: January 13, 2025

Welcome to Ochoa Builders Inc. (“Ochoa Builders,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website ochoa.builders and the construction services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with these Terms, please do not use our website or engage our services.

1. About Ochoa Builders

Ochoa Builders Inc. is a licensed residential construction company operating in Los Angeles, California. We are licensed and bonded under California Contractor’s License Number 1020625. Our services include residential construction, remodeling, renovations, and related construction services.

1.1 Licensing and Compliance

We maintain all required licenses, bonds, and insurance as mandated by California law, including:

  • California Contractor’s State License Board (CSLB) License #1020625
  • General liability insurance
  • Workers’ compensation insurance
  • Appropriate bonds as required by California Business and Professions Code

1.2 Service Area

Our primary service area is Los Angeles County and surrounding areas in Southern California. We may consider projects outside this area on a case-by-case basis.

2. Website Use

2.1 Permitted Use

You may use our website for lawful purposes only, including:

  • Viewing information about our services
  • Requesting consultations or estimates
  • Contacting us regarding construction projects
  • Viewing examples of our work and testimonials

2.2 Prohibited Activities

You may not use our website to:

  • Violate any local, state, federal, or international law
  • Transmit harmful code, viruses, or malicious software
  • Attempt to gain unauthorized access to our systems or networks
  • Impersonate Ochoa Builders or any of our employees
  • Collect or harvest information about other users
  • Interfere with the proper functioning of the website
  • Use automated systems (bots, scrapers) without our permission

2.3 Intellectual Property

All content on our website, including text, images, logos, graphics, photographs, and design elements, is the property of Ochoa Builders or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

3. Consultation and Estimates

3.1 Initial Consultation

We offer initial consultations to discuss your construction project needs. Consultations may be conducted in person, by phone, or via video conference. Initial consultations are typically provided at no charge, though we reserve the right to charge for extensive design consultations or multiple site visits.

3.2 Estimates and Proposals

Estimates and proposals provided by Ochoa Builders are:

  • Based on information provided by you and our initial assessment
  • Subject to change based on site conditions, material availability, and scope modifications
  • Valid for 30 days from the date of issuance unless otherwise specified
  • Not binding until a formal written contract is executed by both parties
  • Preliminary in nature and may be adjusted after detailed planning

3.3 No Guarantee of Acceptance

Requesting an estimate or proposal does not obligate either party to enter into a contract. We reserve the right to decline any project at our discretion.

4. Contracts and Project Terms

4.1 Written Contracts Required

All construction projects require a written contract signed by both parties. Verbal agreements are not binding. The written contract will include:

  • Detailed scope of work
  • Project timeline and milestones
  • Payment terms and schedule
  • Materials and specifications
  • Change order procedures
  • Warranty information
  • Dispute resolution procedures

All contracts comply with California law, including:

  • Three-day right of rescission for certain contracts (California Business and Professions Code § 7159)
  • Required disclosures and notices
  • Mechanics lien warnings
  • License number disclosure
  • Detailed project specifications

4.3 Contract Modifications

Any changes to the scope of work after contract execution must be documented through a written change order signed by both parties. Change orders may affect project timeline and total cost.

5. Pricing and Payment Terms

5.1 Payment Structure

Payment terms will be specified in your contract and typically include:

  • Initial deposit (not to exceed limits set by California law)
  • Progress payments tied to project milestones
  • Final payment upon substantial completion and your approval
  • Retention amounts as specified in the contract

5.2 California Payment Limitations

In accordance with California Business and Professions Code § 7159, for home improvement contracts:

  • Down payments cannot exceed $1,000 or 10% of the contract price, whichever is less
  • Payments for work not yet completed cannot exceed the value of work actually performed
  • We will not request payment that exceeds the reasonable value of authorized work

5.3 Payment Methods

We accept payment via:

  • Check or cashier’s check
  • Bank transfer or wire transfer
  • Credit card (processing fees may apply)
  • Financing through approved lenders (subject to credit approval)

5.4 Late Payments

Late payments may result in:

  • Suspension of work until payment is received
  • Interest charges as permitted by law and specified in the contract
  • Referral to collections
  • Filing of mechanics liens to protect our rights

5.5 Price Adjustments

Prices may be adjusted for:

  • Unforeseen site conditions or concealed conditions
  • Material cost increases beyond our control
  • Changes in scope requested by you
  • Delays caused by circumstances beyond our control
  • Additional permits or regulatory requirements discovered during the project

All price adjustments require written change orders.

6. Project Timeline and Delays

6.1 Estimated Timelines

Project timelines provided in contracts are estimates based on normal working conditions. Actual completion dates may vary due to:

  • Weather conditions
  • Material delivery delays
  • Permit and inspection delays
  • Unforeseen site conditions
  • Changes in project scope
  • Force majeure events

6.2 Our Obligations

We will make reasonable efforts to:

  • Complete projects in a timely manner
  • Communicate delays and timeline changes promptly
  • Maintain consistent progress on your project
  • Coordinate with inspectors and other authorities

6.3 Client Responsibilities

Timely project completion depends on your cooperation, including:

  • Providing timely decisions and approvals
  • Ensuring access to the work site
  • Making timely payments according to the contract
  • Responding to requests for information or selections
  • Relocating personal property as needed

6.4 Delays Beyond Our Control

We are not liable for delays caused by:

  • Acts of God (earthquakes, fires, floods, severe weather)
  • Government actions or permitting delays
  • Labor disputes or material shortages
  • Pandemics or public health emergencies
  • Utilities or third-party failures
  • Your actions or inactions

7. Permits and Compliance

7.1 Permit Responsibility

Unless otherwise specified in the contract:

  • We will obtain necessary building permits for the work
  • Permit costs are included in the contract price or specified separately
  • You are responsible for obtaining any special permits (e.g., HOA approvals, variances)
  • We will schedule and coordinate required inspections

7.2 Building Codes and Regulations

All work will be performed in accordance with:

  • Current California Building Codes
  • Local municipal codes and ordinances
  • Industry standards and best practices
  • Manufacturer specifications for materials and products

7.3 Inspection Requirements

We will coordinate with building inspectors and address any required corrections. You agree to allow inspectors access to the property as needed.

8. Warranties and Guarantees

8.1 Workmanship Warranty

We warrant that all work will be performed in a professional and workmanlike manner consistent with industry standards. Our standard workmanship warranty is one (1) year from the date of substantial completion, unless otherwise specified in the contract.

8.2 Material Warranties

Materials and products are covered by manufacturer warranties. We will provide you with all applicable warranty documentation. We are not responsible for manufacturer defects but will assist in warranty claims where reasonable.

8.3 Warranty Exclusions

Our warranty does not cover:

  • Normal wear and tear
  • Damage caused by misuse, neglect, or improper maintenance
  • Modifications or repairs made by others after project completion
  • Acts of God or natural disasters
  • Issues arising from your failure to maintain systems properly
  • Pre-existing conditions or concealed defects not caused by our work

8.4 Warranty Claims

To make a warranty claim:

  • Notify us in writing within 30 days of discovering the issue
  • Allow us reasonable opportunity to inspect and assess the problem
  • Permit us to make repairs at a mutually convenient time
  • Do not authorize third parties to make repairs without our consent

8.5 Exclusive Remedy

Repair or replacement of defective work, at our option, is your exclusive remedy for warranty claims. We are not liable for consequential or incidental damages.

9. Limitations of Liability

9.1 Scope of Liability

To the maximum extent permitted by California law:

  • Our total liability for any claim arising from our services shall not exceed the total amount paid to us under the applicable contract
  • We are not liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for delays or failures due to circumstances beyond our reasonable control

9.2 Property Protection

While we take reasonable precautions to protect your property during construction:

  • Construction inherently involves dust, noise, and temporary disruption
  • You should relocate valuable or fragile items from work areas
  • We recommend covering furnishings in adjacent areas
  • We are not responsible for damage to items left in work areas against our recommendation

9.3 Third-Party Claims

We maintain appropriate insurance coverage. You agree to notify us immediately of any third-party claims related to our work.

10. Client Responsibilities

10.1 Site Access

You agree to:

  • Provide safe and reasonable access to the work site during normal business hours
  • Ensure we can park vehicles and store materials as needed
  • Notify us of any access restrictions or special requirements
  • Secure pets during our work hours
  • Inform occupants of construction activities

10.2 Utilities and Services

You are responsible for:

  • Ensuring availability of electricity and water for construction purposes
  • Paying for utilities used during construction
  • Maintaining existing utility services
  • Notifying us of any underground utilities or hazards

10.3 Disclosure of Property Conditions

You must disclose:

  • Any known defects or hazardous conditions
  • Previous repairs or modifications
  • Boundary disputes or easements
  • Homeowners association rules or restrictions
  • Any liens or encumbrances on the property

10.4 Decision-Making

You agree to:

  • Make timely decisions regarding materials, colors, and design choices
  • Respond to our requests for information within reasonable timeframes
  • Designate a single point of contact for project decisions
  • Review and approve plans and specifications before work begins

11. Changes and Cancellations

11.1 Change Orders

Any changes to the scope of work require a written change order that includes:

  • Description of the change
  • Impact on project timeline
  • Impact on project cost
  • Signatures from both parties

We are not obligated to perform work outside the original scope without an executed change order.

11.2 Cancellation by Client

If you cancel the contract after execution:

  • You may be subject to cancellation fees as specified in the contract
  • You are responsible for payment for all work completed and materials purchased
  • California’s three-day right of rescission applies to applicable contracts
  • We will provide an accounting of costs incurred

11.3 Cancellation by Ochoa Builders

We reserve the right to cancel a contract if:

  • You fail to make payments according to the contract terms
  • You fail to provide necessary access or cooperation
  • Site conditions make the work unsafe or impractical
  • You materially breach the contract terms

12. Dispute Resolution

12.1 Informal Resolution

We encourage open communication to resolve any concerns. If issues arise:

  • Contact us immediately to discuss the concern
  • We will work in good faith to find a mutually acceptable solution
  • Document all communications regarding disputes

12.2 Mediation

If informal resolution fails, both parties agree to attempt to resolve disputes through mediation before pursuing litigation. Mediation will be conducted:

  • By a neutral third-party mediator
  • In Los Angeles County, California
  • With costs shared equally between parties
  • On a confidential basis

12.3 Arbitration

If mediation is unsuccessful, disputes may be resolved through binding arbitration as specified in the contract, in accordance with California law.

If arbitration is not specified in the contract or is unsuccessful, either party may pursue legal action in the appropriate court in Los Angeles County, California.

12.5 Attorney’s Fees

In any legal proceeding arising from these Terms or the contract, the prevailing party may be entitled to recover reasonable attorney’s fees and costs as permitted by California law.

13. Insurance and Licensing Verification

13.1 Our Insurance

We maintain:

  • General liability insurance
  • Workers’ compensation insurance
  • Contractor’s bond as required by the California Contractors State License Board

13.2 Verification

You may verify our license status at:

  • California Contractors State License Board website: www.cslb.ca.gov
  • License Number: 1020625

13.3 Additional Insurance

Depending on project scope, you may wish to:

  • Notify your homeowner’s insurance carrier of the construction project
  • Consider builder’s risk insurance for major projects
  • Review your policy’s coverage for construction-related incidents

14. Subcontractors and Suppliers

14.1 Use of Subcontractors

We may engage qualified subcontractors and suppliers to complete portions of your project. We are responsible for:

  • Selecting qualified and licensed subcontractors
  • Supervising and coordinating their work
  • Ensuring work meets contract specifications
  • Payment to subcontractors and suppliers

14.2 Direct Communication

Unless otherwise agreed, all communications regarding the project should go through Ochoa Builders, not directly to subcontractors.

14.3 Liens and Claims

We will comply with California mechanics lien laws and provide required notices. You will receive preliminary notices from subcontractors and suppliers as required by law.

15. Safety and Worksite Conduct

15.1 Safety Standards

We follow:

  • OSHA (Occupational Safety and Health Administration) regulations
  • California Division of Occupational Safety and Health (Cal/OSHA) requirements
  • Industry safety best practices
  • Manufacturer safety guidelines

15.2 Worksite Access

For safety reasons:

  • Only authorized Ochoa Builders personnel and approved subcontractors may enter active work areas
  • Children and pets should be kept away from construction areas
  • You should not operate or interfere with construction equipment
  • Follow any safety instructions or signage we post

15.3 Hazardous Materials

If hazardous materials (asbestos, lead paint, mold, etc.) are discovered:

  • We will stop work in affected areas
  • We will notify you immediately
  • Removal requires licensed specialists and is not included in standard contracts
  • Additional costs and timeline delays may result
  • Work will resume after proper remediation and clearance

16. Privacy and Data Protection

16.1 Personal Information

Our collection and use of your personal information is governed by our Privacy Policy, available at ochoa.builders/privacy-policy.

16.2 Project Documentation

We may:

  • Photograph your project for documentation and quality control
  • Use project photos for marketing purposes with your written consent
  • Maintain project records for the periods required by law

17. Communications

17.1 Contact Methods

You can contact us via:

  • Email: [Your Email Address]
  • Phone: [Your Phone Number]
  • Mail: [Your Business Address]
  • Website contact form: ochoa.builders/contact

17.2 Electronic Communications

By providing your email address or phone number, you consent to receive:

  • Project-related communications
  • Invoices and payment reminders
  • Appointment confirmations
  • Important notices regarding your project

17.3 Marketing Communications

With your consent, we may send:

  • Newsletters
  • Promotional offers
  • Company updates

You may opt out of marketing communications at any time by following the unsubscribe instructions in any email or contacting us directly.

18. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including:

  • Natural disasters (earthquakes, floods, fires, severe weather)
  • Pandemics or public health emergencies
  • Government actions, orders, or regulations
  • Labor disputes or strikes
  • Material shortages or supply chain disruptions
  • Utility failures
  • War, terrorism, or civil unrest

We will notify you of force majeure events and work to minimize their impact on your project.

19. Entire Agreement and Severability

19.1 Entire Agreement

These Terms, together with any written contract for services, constitute the entire agreement between you and Ochoa Builders regarding our services. They supersede all prior discussions, negotiations, or agreements.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Ochoa Builders.

20. Governing Law and Jurisdiction

20.1 California Law

These Terms and any contracts for services are governed by the laws of the State of California, without regard to conflict of law principles.

20.2 Jurisdiction

You agree that any legal action or proceeding relating to these Terms or our services shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the jurisdiction of those courts.

20.3 Compliance with Laws

We comply with all applicable California laws, including:

  • California Business and Professions Code
  • California Civil Code
  • California Contractors State License Law
  • California Consumer Legal Remedies Act
  • California mechanics lien laws

21. Consumer Protection Rights

21.1 California Consumers

If you are a California consumer, you have rights under California law, including:

  • The right to cancel certain contracts within three business days
  • Protection against unfair or deceptive business practices
  • The right to file complaints with the California Contractors State License Board

21.2 Filing Complaints

If you have concerns about our services, you may file a complaint with:

California Contractors State License Board (CSLB)

  • Website: www.cslb.ca.gov
  • Phone: 1-800-321-CSLB (2752)
  • Address: 9821 Business Park Drive, Sacramento, CA 95827

22. Definitions

For purposes of these Terms:

  • “Client” or “you” refers to the person or entity engaging our services
  • “Contract” refers to the written agreement for construction services
  • “Project” refers to the construction work described in the contract
  • “Site” refers to the property where work will be performed
  • “Substantial Completion” means the project is complete except for minor items that do not prevent use of the improvements
  • “Change Order” means a written modification to the original contract scope, price, or timeline
  • “Work” refers to all labor, materials, and services to be provided under the contract

23. Changes to These Terms

23.1 Updates

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the “Last Updated” date at the top of this page
  • Post the revised Terms on our website
  • Notify you of material changes if you have an active contract with us

23.2 Acceptance

Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the changes, please discontinue use of our website and contact us regarding any active contracts.

23.3 Existing Contracts

Changes to these Terms do not affect existing signed contracts unless both parties agree to modifications in writing.

24. Contact Information

If you have questions about these Terms of Service, please contact us:

Ochoa Builders Inc. California Contractor’s License #1020625

Email: [Your Email Address] Phone: [Your Phone Number] Website: ochoa.builders Mailing Address: [Your Business Address]

Acknowledgment

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into a contract on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

These Terms of Service are effective as of January 13, 2025. Please retain a copy for your records.