Terms and Conditions
Effective Date: September 2025
Company: Waterstone Homes, LLC
Principal Location: 11520 Hwy 411, Odenville, AL 35120
Structure: Alabama limited liability company
1. Acceptance of These Terms
By accessing the Site or engaging our consultations, proposals, or construction services (the “Services”), you agree to be bound by these Terms & Conditions (the “Terms”). If you are entering into these Terms on behalf of an organization or household, you represent that you have authority to bind that party.
2. Scope of Services
2.1 What We Do. Waterstone Homes provides custom home building, plan/design assistance, renovations/additions, and related pre-construction support (e.g., site consultation, selections guidance, budget forecasting). Services may use your plan, one of our plans, or a collaboratively developed plan. Waterstone Homes
2.2 Service Area. We primarily serve East Alabama, including St. Clair County and areas such as Trussville, Leeds, Moody, Margaret, Odenville, Springville, Argo, Ashville, and East Jefferson County. Waterstone Homes
2.3 How We Price. We frequently operate as a flat-fee cost-plus custom builder: you pay the actual cost of the work (labor, materials, trade partners, permits, rentals, etc.) plus a fixed builder’s fee disclosed in your project agreement. Waterstone Homes
2.4 Subcontractors & Suppliers. We may engage licensed subcontractors, vendors, and consultants. We remain your primary point of contact and coordinate their work.
3. Website Use
3.1 Informational Content. Content on the Site (photos, descriptions, project spotlights, blogs, and galleries) is for general information and inspiration and does not constitute a binding offer, specification, or warranty. Waterstone Homes
3.2 IP Ownership. The Site, images, floor plans, copy, logos, and graphics are owned by Waterstone Homes or our licensors. You may not copy, scrape, or reuse content without written permission.
3.3 Acceptable Use. You agree not to interfere with the Site’s operation, attempt unauthorized access, upload malware, or use automated scraping or data extraction tools.
3.4 Third-Party Links. Links to external sites (e.g., social media) are provided as a convenience. We are not responsible for their content or policies. Facebook
4. Estimates, Proposals & Pre-Construction
4.1 Non-Binding Estimates. Preliminary pricing, timelines, and feasibility feedback are good-faith estimates subject to changes in market conditions (materials, labor, fuel), permitting, design evolution, selections, and site conditions.
4.2 Allowances. If your proposal includes allowances for items (e.g., finishes, fixtures, appliances), actual costs will replace allowances; variances will be reconciled as change orders or on cost-plus statements.
4.3 Open-Book Accounting (Cost-Plus). For cost-plus projects, you will receive periodic statements of the Cost of the Work and the applicable flat builder’s fee per your agreement; supporting documentation will be available for reasonable review.
4.4 Selections & Deadlines. Client selections must be completed by the deadlines in your schedule to avoid delays and price changes.
5. Contract Documents & Changes
5.1 Controlling Agreement. These Terms govern Site use and general business practices. A signed Construction Agreement (or Work Order), including plans/specs and exhibits (collectively, “Project Documents”), governs your specific project and controls in the event of a conflict.
5.2 Change Orders. Any change to scope, materials, finishes, or schedule requires a written, signed Change Order that may adjust price and time.
6. Permits, Inspections & Codes
6.1 Compliance. Work will be performed in a professional, workmanlike manner and in compliance with applicable building codes and inspections for the jurisdictions we serve in East Alabama. Waterstone Homes
6.2 Permits & Fees. Unless your Project Documents allocate otherwise, Waterstone Homes will coordinate required building permits and inspections; the Owner is responsible for associated fees and impact charges.
7. Site Conditions & Client Responsibilities
7.1 Access & Utilities. Owner will provide continuous access to the site and pay for temporary utilities required for construction.
7.2 Hazardous Materials. Neither party anticipates encountering hazardous materials. If discovered, work will pause in the affected area until properly remediated at Owner’s cost unless otherwise agreed.
7.3 Financing. Owner represents that funds are available for the project and will provide proof of financing upon request.
7.4 Decisions. Timely approvals on selections, changes, and submittals are required to keep schedule integrity.
8. Schedule, Delays & Force Majeure
8.1 Substantial Completion. We will diligently pursue the schedule; however, completion dates are estimates unless expressly guaranteed in writing.
8.2 Excusable Delays. Waterstone Homes is not liable for delays caused by force majeure events (e.g., extreme weather), supply-chain disruptions, labor shortages, permitting/inspection delays, utility delays, or Owner-caused delays.
8.3 Mitigation. We will take reasonable steps to mitigate delays and keep you informed of material impacts.
9. Payments & Lien Rights
9.1 Deposits & Progress Payments. Payment timing and milestones are defined in your Project Documents. Late balances may accrue interest at the maximum lawful rate in Alabama.
9.2 Cost Escalation. For cost-plus or allowance items, you agree to pay actual invoiced costs. For fixed-price items, documented market surcharges outside of our control may be addressed as change orders if expressly provided in your contract.
9.3 Suspension for Non-Payment. We may suspend work if payments are not received as required; schedule will extend for the suspension period.
9.4 Lien Rights. We and our trade partners reserve all lien and bond rights available under Alabama law for unpaid work.
10. Insurance & Risk of Loss
10.1 Contractor Insurance. We maintain general liability and workers’ compensation coverage in accordance with Alabama requirements.
10.2 Owner’s Builder’s Risk. Unless otherwise stated in the Project Documents, Owner will carry builder’s risk (or property) insurance covering the project improvements, materials on site, and materials stored off-site for the project.
10.3 Site Security. We will take reasonable precautions, but Owner acknowledges that construction sites cannot be fully secured; Owner should remove valuables and secure the property.
11. Warranties
11.1 Workmanship Warranty. We warrant that our work will be free from defects in workmanship for a standard period stated in your Project Documents (commonly one year from substantial completion).
11.2 Manufacturer Warranties. Product/manufacturer warranties pass through to Owner.
11.3 Exclusions. Warranties exclude normal wear and tear, neglect, misuse, improper maintenance, acts of God, Owner or third-party alterations, and items specifically excluded in Project Documents.
12. Photos, Marketing & Testimonials
12.1 Photography. We may photograph and video the project before, during, and after completion for quality records and marketing (including the Site, gallery, and social channels), provided we do not disclose your personal address without permission. Waterstone Homes
12.2 License to Display. Owner grants a non-exclusive, royalty-free license to display such media; you may revoke marketing use in writing, and we will remove future use after reasonable time.
13. Privacy & Communications
13.1 How We Use Inquiry Info. If you submit a form on the Site, we use your information to respond, schedule consultations, and—if you opt in—send updates about our services. (See Privacy Policy linked on the form.)
13.2 Opt-Out. You may unsubscribe from marketing communications at any time.
13.3 Call, SMS & Email Consent. By providing contact details, you consent to receiving calls, texts, and emails regarding your inquiry; message/data rates may apply.
14. Disclaimers & Limitation of Liability
14.1 No Guaranteed Outcomes. Images and descriptions on the Site depict prior projects and selections and are illustrative only; actual finishes and availability vary by market and supply conditions. Waterstone Homes+1
14.2 Availability. Certain plans, features, and price ranges may not be available at all times or in all locations.
14.3 Limitation. To the maximum extent permitted by law, neither Waterstone Homes nor its members, managers, or employees shall be liable for any indirect, incidental, special, consequential, or punitive damages. Our total aggregate liability arising from the Services or these Terms is limited to the total fees paid to us for the specific project giving rise to the claim.
15. Dispute Resolution & Governing Law
15.1 Good-Faith Resolution. The parties will first attempt to resolve any dispute through good-faith discussions at the project level.
15.2 Mediation. If unresolved after 15 days, the parties will mediate in St. Clair County, Alabama, with a mutually agreed mediator.
15.3 Arbitration. If still unresolved, disputes shall be resolved by binding arbitration in St. Clair County (or nearby Jefferson County) under the Construction Industry Arbitration Rules of the American Arbitration Association. Each party bears its own fees unless the arbitrator decides otherwise.
15.4 Governing Law & Venue. Alabama law governs; venue for any permitted court proceedings lies in the state courts of St. Clair County, Alabama.
16. Severability; No Waiver
If any provision is held unenforceable, the remaining provisions remain in effect. The failure to enforce any term is not a waiver of that term.
17. Assignment
You may not assign your project contract or warranty rights without our prior written consent.
18. Modifications to These Terms
We may update these Terms from time to time. The current version will be posted on the Site with the Effective Date above. Your continued use of the Site or engagement of Services after changes constitutes acceptance.
19. Contact
Waterstone Homes, LLC
11520 Hwy 411, Odenville, AL 35120 • (205) 369-7154 • [email protected]