Terms of Service
When you approve a quote from Flagler Dirt Works, LLC ("we", "us"), you ("the customer") agree to that quote and to these terms. Together they are our agreement. If the quote and these terms disagree, the quote wins.
- The work
- Your site and utilities
- Schedule and weather
- Payment
- Cancelling
- Warranty and damage
- Insurance
- Florida notices
- Everything else
1. The work
- We do only the work listed on your quote. Anything not listed is not included.
- Not included unless the quote lists it: permits, surveys, engineering, soil testing, inspection fees, sod, seed, landscaping, concrete, asphalt or finish paving, and removal of hazardous material, buried debris or rock.
- Dump fees and materials are charged at cost unless the quote says they are included.
- Changes: if you want more or different work, or we find something that changes the job, we agree the change and its price with you first, by text, email or in person. We don't do extra work you haven't agreed to.
2. Your site and utilities
- Sunshine 811: before any digging we request a utility locate through Sunshine 811 and wait for the marks.
- Private lines: 811 does not mark private lines. You agree to show us any you know about: septic tank and drain field, irrigation, wells, private electric or gas, and pet fences. We are not responsible for damage to private lines that were not marked or pointed out.
- Property lines: you are responsible for showing us where your property lines are. We work where you direct us.
- Access: you give us clear access for a mini excavator and dump trailer, and move vehicles, pets and belongings out of the work area. Normal wear on lawn along the access route is expected.
- Hidden conditions: the price assumes the site is as you described it and as we saw it. If we find buried debris, rock, unmarked utilities or standing water, we stop that part of the work and talk with you before going on.
- Permits and HOA: unless your quote says we are getting a permit, you are responsible for any city, county or HOA approval the work needs.
3. Schedule and weather
We work weekends. If rain or wet ground would rut your yard or make the work unsafe, we may move the job to the next open date, at no charge to either side. The 811 locate can also move the start date.
4. Payment
- Due upon completion. Your invoice is created when you approve the quote. The balance is due on the day the work is done, after a walk-through with you.
- No deposit is required to book your date.
- A balance unpaid 15 days after completion accrues interest at 1.5% per month (18% per year), or the highest rate Florida law allows if lower.
- We accept cash and check. Ask about other ways to pay.
5. Cancelling
You may cancel for any reason, with no penalty, by telling us in writing (text, email or letter) before midnight of the third business day after you approve. After that, please give us at least 48 hours' notice. If you cancel later than that, or we arrive and can't work because of the site, we may charge for materials already bought and dump fees already paid.
6. Warranty and damage
- 30-day workmanship warranty: if grading or drainage work fails within 30 days because of how we did it, we fix it at no charge. This does not cover settling of new fill, erosion from storms or heavy rain, damage by others, or work changed afterward.
- Settling: new fill settles over time. Low spots from normal settling are not defects.
- Damage: we repair, or pay to repair, damage we cause through our own carelessness.
- Limit: except for injury to people, our total responsibility for a job will not be more than the price of that job.
7. Insurance
Flagler Dirt Works, LLC carries commercial general liability insurance with Next Insurance US Company, policy NXT4PYLCF3-00-GL: $1,000,000 each occurrence and $2,000,000 aggregate, in force October 29, 2026 to October 29, 2027. Ask us for a certificate.
8. Florida notices
Florida law requires the notice below in contracts over $2,500 for work on a home. For jobs that size, it is also shown on your quote approval page for you to acknowledge.
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
Before you make a payment, we will give you a written release of lien from anyone who sent you a Notice to Owner for your job.
CHAPTER 558 NOTICE OF CLAIM — CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
9. Everything else
- Photos: we may take before-and-after photos for our records and marketing, without your name or street address. Tell us if you'd rather we didn't.
- Disputes: we'll first try to settle any disagreement by talking it through for 14 days. If that doesn't work, either side may file in the county court for the county where the job is. Florida law applies.
- Electronic approval: approving online, by typing your name and ticking the box, counts as your signature.
- Changes to these terms: we may update these terms for future jobs. The version you approved stays the one that applies to your job, and we keep a record of which version that was.
- If one part of these terms is found invalid, the rest still applies.