Terms & Conditions

Embers Contracting

Website: emberscontracting.com

Phoenix, Arizona, USA

These Terms & Conditions govern your use of this website and any consulting or construction services provided by Embers Contracting. By accessing this website or engaging our services, you agree to these Terms.

Scope of Services

We provide construction consulting and general contracting services, which may include, but are not limited to:

  • Construction consulting and advisory services

  • Cost estimating and bid preparation

  • Project planning and coordination

  • Project management services

  • Constructability reviews

  • Vendor and subcontractor coordination

  • Residential and commercial construction services (where contracted)

All services are subject to a separate written agreement or proposal that outlines scope, deliverables, pricing, and timelines.

Consulting vs. General Contracting

Construction Consulting

Unless expressly stated otherwise in a written agreement, consulting services are advisory in nature only. Consulting services do not include control over construction means, methods, safety practices, or site operations.

General Contracting

Where we act as a general contractor, those services will be governed by:

  • A written contract

  • Applicable Arizona Registrar of Contractors (ROC) licensing requirements

  • State and local building codes and regulations

Licensing & Compliance (Arizona)

General contracting services are performed only where required Arizona licenses are held and active. Clients acknowledge that:

  • Licensing requirements vary by trade and project type

  • Work requiring licensed design professionals (architects, engineers) must be performed by appropriately licensed third parties

Estimates, Bids, and Pricing

Any estimates, bids, budgets, or schedules provided are good‑faith opinions based on information available at the time and are not guarantees of final cost or completion date.

Actual costs and timelines may vary due to:

  • Scope changes

  • Site conditions

  • Market pricing fluctuations

  • Labor/material availability

  • Weather

  • Subcontractor performance

  • Regulatory or inspection requirements

Client Responsibilities

Clients agree to:

  • Provide accurate, timely, and complete information

  • Make decisions promptly to avoid delays

  • Maintain a safe jobsite environment

  • Obtain required permits and approvals unless otherwise specified in writing

  • Engage licensed professionals when required

  • Delays or additional costs resulting from incomplete or changed information may result in additional fees.

Project Management Disclaimer

When providing project management services, we act as a coordinator and advisor, not as a guarantor of third‑party performance. We are not responsible for:

  • Acts or omissions of subcontractors, vendors, or suppliers

  • Warranty performance of third-party work

  • Delays beyond our reasonable control

Independent Contractors

We may engage independent contractors (1099) to support certain services. These contractors:

  • Are not employees of the Company

  • Remain responsible for their own licensing, insurance, and tax compliance

  • Operate under our coordination but maintain independent responsibility for their work

Fees, Invoicing, and Payment

  • Services are billed according to the written agreement or proposal

  • Invoices are issued on an invoice basis, typically due within [15 or 30] days

  • Late payments may incur interest up to 1.5% per month or the maximum allowed by law

  • Client is responsible for reasonable collection costs permitted under Arizona law

  • We reserve the right to pause work for nonpayment.

Changes in Scope

Any work outside the agreed scope requires:

  • Written approval

  • Possible schedule adjustment

  • Additional fees

Verbal changes are not binding.

Site Visits & Safety

If we attend a jobsite:

  • We do not control safety protocols unless explicitly contracted

  • Clients and contractors remain responsible for OSHA compliance and site safety

  • We may refuse to enter any site deemed unsafe

Clients must disclose known hazardous conditions (e.g., asbestos, mold, structural instability).

Intellectual Property

All materials, proposals, methodologies, templates, and documents created by us remain our intellectual property unless otherwise agreed in writing.

Upon full payment, clients receive a limited, non‑transferable license to use deliverables for their project only.

Disclaimer of Warranties

All website content and services are provided “as is” and “as available.” We do not guarantee:

  • Specific project outcomes

  • Cost savings

  • Inspection approvals

  • Permit issuance

  • Profitability or return on investment

Limitation of Liability

To the maximum extent allowed under Arizona law:

  • We are not liable for indirect, incidental, or consequential damages

  • Our total liability for any claim is limited to the total fees paid to us for the services giving rise to the claim

Indemnification

You agree to indemnify and hold harmless the Company from claims arising out of:

  • Your misuse of the website

  • Project execution decisions

  • Site safety failures

  • Actions of third parties under your contract

Governing Law & Disputes

These Terms are governed by the laws of the State of Arizona.

Any legal action must be brought in the state or federal courts located in Arizona, unless otherwise required by law.

Changes to Terms

We may update these Terms at any time. Changes will be posted on this page with an updated Effective Date. Continued use of the website constitutes acceptance.

Contact Information

Embers Consulting

Email: tristanembers@emberscontracting.com

Phone: (541) 603-6270