This Service Agreement (“Agreement” “Contract Terms”) is entered into by and between Tampa Bay Residential Services LLC (“TBRSLLC” or “Contractor”) and the customer identified in the estimate, proposal, invoice, or work order (“Client”). This Agreement governs all labor, services, installations, repairs, remodeling, and related work performed by TBRSLLC at the project property identified in the applicable estimate or work order.

**Contractor:** Tampa Bay Residential Services LLC
13046 Race Track Rd #190, Tampa, FL 33626
727-777-3661
info@tbrsllc.com [1]

By accepting this Agreement or approving the estimate, proposal, invoice, work order, or change order to which it is attached or incorporated, Client agrees to all terms.

1. Agreement Documents

This Agreement includes and incorporates the following documents, which together form the entire agreement between the parties:

– This Service Agreement.
– The written estimate, proposal, invoice, or work order.
– Any written change orders.
– Any material selections, scope sheets, allowances, or specifications attached to the estimate or approved in writing.
– The Florida Construction Lien Notice and Chapter 558 Notice are included with or attached to this Agreement.

If there is any conflict between these documents, the following order of control applies: signed change orders first, then the signed estimate/proposal/work order, then this Service Agreement, then any general website policies or marketing materials.

2. Scope of Work

Contractor will perform only the labor, services, and supply only the materials specifically described in the written estimate, proposal, invoice, or work order (the “Scope of Work”). Any item not specifically listed is excluded from the Contract Price unless added by a written change order.

Drawings, inspiration photos, conversations, text messages, emails, or verbal statements are for general reference only unless the detail is specifically described in writing and approved as part of the Scope of Work. Client acknowledges that remodeling and repair work in an existing home often requires tie-in work to pre-existing surfaces, structures, and conditions that may affect the final appearance.

3. Exclusions and Pre-Existing Conditions

Unless specifically included in writing, the Contract Price does not include design services, engineering, architectural services, permitting, code upgrades, destructive investigation, mold remediation, asbestos or lead-related work, concealed damage repair, structural repairs, manufacturer defect correction, utility company charges, HOA fees, specialty inspections, temporary relocation costs, storage costs, or work required because of hidden conditions.

Client understands that existing homes may contain walls, ceilings, floors, framing, cabinets, countertops, openings, plumbing, electrical boxes, fixtures, or prior installations that are not level, plumb, square, centered, uniform, or structurally sound. Unless specifically included in writing, Contractor is not responsible for correcting or rebuilding those pre-existing conditions, and resulting visual irregularities caused by tying into existing construction do not constitute a workmanship defect.

If concealed or unknown conditions are discovered, including water damage, rot, mold, pest damage, code issues, improper prior work, unsafe wiring, plumbing defects, or structural deficiencies, Contractor may stop affected work until the condition is evaluated. Any additional work required will be treated as extra work and documented through a written change order.

4. Material Selections and Aesthetic Decisions

Where the project involves aesthetic judgment, including tile layout, grout joint size, edge treatment, reveal dimensions, centering, pattern direction, transition placement, trim profile selection, paint sheen, or alignment to existing finishes, the Contractor will use reasonable professional judgment unless a specific detail is approved in writing before installation begins.

Contractor is not responsible for manufacturer shade variation, dye lot variation, caliber variation, normal texture variation, or defects not visible prior to installation. Client-supplied materials are installed at Client’s risk, and Contractor is not responsible for delays, defects, incompatibility, missing parts, breakage during normal installation, or warranty failures relating to customer-supplied items.

5. Change Orders

No change to the Scope of Work is valid unless approved in writing by Contractor and Client. A valid change order may be signed physically, approved electronically, or approved by email or text message so long as it clearly identifies the added or changed work and the related price and schedule impact.

Verbal discussions, informal site conversations, and undocumented requests are not binding changes. Contractor has no obligation to perform changed or additional work until a written change order is approved. Any approved change order may increase the Contract Price, extend the project schedule, or both.

6. Contract Price and Payment Terms

Client agrees to pay the amount stated in the estimate, proposal, invoice, work order, and any approved change orders (collectively, the “Contract Price”). Unless the written estimate or contract provides a different payment schedule, all amounts are due in full on the same day the work is substantially completed.

“Substantially completed” means the work is complete enough that the repaired, installed, or remodeled area can be used for its intended purpose, even if minor punch-list or cosmetic touch-up items remain.

For larger or multi-day projects, Contractor may require deposits, progress payments, milestone payments, or payment for special-order materials as stated in the estimate or work order. Deposits are non-refundable once materials have been ordered, fabricated, delivered, or once work has begun, except to the extent Florida law requires otherwise.

7. Accepted Payment Methods; Returned Payments

Contractor may accept ACH, Zelle, debit card, credit card, or other payment methods made available by Contractor. Processing fees may apply to certain payment methods if disclosed before payment is processed.

Returned checks, reversed ACH payments, chargebacks, stop-payment orders, and other dishonored payments constitute nonpayment. Client will be responsible for any returned payment fees, bank charges, processor fees, and administrative costs incurred by Contractor as a result.

8. Late Payment, Default, and Collection Rights

Any amount not paid when due will accrue interest at 18% per annum (1.5% per month), or the maximum lawful contractual rate if lower. In addition, a late fee equal to 5% of the overdue balance may be assessed on any payment more than 10 calendar days late.

If payment is not received when due, Contractor may deliver a written notice of default by text message, email, hand delivery, or certified mail. If the default is not cured within 5 business days after notice, Contractor may suspend work, remove its workers from the project, withhold scheduling, decline further performance, or terminate the project without being deemed in breach.

If Contractor suspends or terminates work because of non-payment, Client remains responsible for all work performed, materials ordered or stored, restocking fees, cancellation charges, demobilization and remobilization costs, overhead, profit on work performed, and all other amounts then due.

Client will also be responsible for all reasonable costs of collection, including collection agency fees, court costs, expert fees where recoverable, and reasonable attorney’s fees to the fullest extent permitted by Florida law.

9. Chargebacks and Payment Disputes

Before initiating a credit card dispute, chargeback, ACH reversal, stop-payment, or any payment dispute with a bank or payment processor, Client must first provide Contractor with written notice describing the concern in reasonable detail and allow Contractor at least 14 calendar days to inspect and respond.

Initiating a chargeback or reversing payment without first giving written notice and a reasonable opportunity to inspect and respond constitutes a material breach of this Agreement and does not waive Contractor’s right to recover the full contract balance, interest, late fees, collection costs, lien rights, and all other legal remedies.

10. Scheduling and Delays

Any proposed start date, completion date, duration estimate, or scheduling window is an estimate only and is not guaranteed. Contractor is not responsible for delays caused by weather, material shortages, delivery delays, permit delays, inspection scheduling, concealed conditions, client changes, client indecision, restricted site access, utility interruptions, acts of God, labor shortages, illness, emergencies, or circumstances beyond Contractor’s reasonable control.

If Client causes delay by failing to provide timely access, approvals, decisions, selections, payments, or a ready work area, the project schedule will be extended accordingly and Contractor may charge for rescheduling, remobilization, storage, additional trips, downtime, or other resulting costs.

11. Access, Site Conditions, and Client Responsibilities

Client will provide Contractor with safe and reasonable access to the project property during normal working hours and any other agreed-upon times. Client will ensure that necessary utilities, including electricity and water, are available as needed for the work unless otherwise agreed in writing.

Before work begins, Client will remove or protect furniture, electronics, valuables, décor, wall hangings, fragile items, and other personal property in or near the work area. Contractor is not responsible for damage to items left in the work area that were not removed or adequately protected by Client.

Client will keep children, pets, guests, tenants, and other trades away from active work areas, tools, ladders, materials, and equipment. Contractor is not liable for injury, interference, delay, or damage resulting from unauthorized access to active work areas by persons or animals under Client’s control.

Client must promptly disclose any known hazardous or unusual condition, including leaks, mold, asbestos, lead paint, unsafe wiring, plumbing problems, pests, structural movement, or prior damage. Contractor may stop work if site conditions are unsafe or materially different from those reasonably expected.

12. Demolition, Removal, and Reinstallation

If the work requires demolition, detachment, removal, or reinstallation of existing fixtures, appliances, trim, mirrors, countertops, cabinets, plumbing trim, electrical devices, vent hoods, or similar items, Contractor will use reasonable care but is not responsible for concealed defects, pre-existing damage, brittle materials, weakened fasteners, inaccessible mounting systems, improper prior installation, or manufacturer weaknesses discovered during normal removal or reinstallation.

Any additional labor, repairs, patching, reframing, re-support, new mounting, or replacement parts required beyond ordinary removal and reinstallation are extra work and will be billed under a written change order.

13. Permits, Code Compliance, and Third-Party Approvals

Unless specifically included in the written Scope of Work, Contractor is not responsible for obtaining permits, engineering approvals, architectural approvals, HOA approvals, or other third-party approvals. Tampa Bay Residential Services LLC is not a Florida state-licensed General Contractor and can not obtain a permit on the client’s behalf. 

Existing conditions, previously performed work, and hidden conditions may not comply with current code requirements. If code issues are discovered, any corrective work outside the original Scope of Work will be treated as extra work under a written change order.[1]

14. Photography and Documentation

Contractor may photograph, video record, and document the project area before, during, and after work for quality control, scope documentation, warranty records, dispute resolution, insurance, licensing, safety, training, and portfolio purposes. Contractor will use reasonable efforts not to intentionally disclose sensitive personal information in public-facing marketing content without Client’s permission.

15. Inspection, Final Walkthrough, and Acceptance

At or near substantial completion, Contractor may conduct a final walkthrough with Client. Any incomplete items, touch-ups, or corrections that fall within the original Scope of Work must be identified in writing during the walkthrough or within 72 hours after the walkthrough, whichever occurs first.

Items not reported within that period are deemed accepted as complete and satisfactory, except for hidden defects that were not reasonably visible at the time of the walkthrough. Client’s use of the completed area, including occupancy, furnishing, appliance use, or continued use for its intended purpose, constitutes acceptance of substantial completion.

16. Punch-List Procedure and Right to Cure

Punch-list work is limited to items within the original Scope of Work. Punch-list work does not include design changes, new preferences, upgraded materials, work outside the approved scope, maintenance items, pre-existing conditions, or work affected by subsequent acts of Client or third parties.

Before Client may withhold payment, offset any amount, hire another contractor at Contractor’s expense, publish a demand for refund, or pursue a workmanship claim, Client must provide written notice identifying the specific concern in reasonable detail and allow Contractor at least 14 calendar days to inspect and, if appropriate, offer or perform a cure.

Contractor will be given one reasonable opportunity to perform corrective work for covered punch-list or warranty items. If Client denies access, delays access unreasonably, or allows another contractor to alter the work before Contractor has inspected it, Contractor’s obligation for that item is waived to the extent prejudiced.

17. Limited Workmanship Warranty

Contractor warrants its labor and workmanship for one (1) year from the date of substantial completion unless a different warranty period is expressly stated in the written project agreement. This limited warranty covers only defects caused solely by Contractor’s installation labor.

This limited warranty does not cover manufacturer defects, product failure, shade variation, dye lot variation, normal wear, normal settling, shrinkage, structural movement, cracking caused by building movement, caulk shrinkage, grout maintenance, discoloration from use or cleaners, moisture intrusion, abuse, misuse, neglect, lack of maintenance, accidental damage, customer-supplied materials, pre-existing conditions, or repairs or alterations performed by anyone other than Contractor.

Contractor’s sole obligation under this limited warranty is, at Contractor’s election, to repair or replace the defective portion of Contractor’s work. Refunds are not required unless the Contractor elects in writing to provide one.

To make a warranty claim, Client must provide written notice within the warranty period and within 14 days after discovering the alleged defect, and must allow reasonable access for inspection and repair. Failure to provide prompt notice or reasonable access may void warranty coverage for the affected condition to the extent Contractor is prejudiced.

18. No Guarantee of Perfect Matching or Absolute Uniformity

Client understands that remodeling, repair, patching, repainting, tile installation, trim work, drywall work, and tie-in work in an existing home are not factory conditions. Minor visual variation, slight lippage within accepted tolerance, shade differences, pattern variation, reveal differences caused by existing conditions, texture mismatch, patch visibility, and alignment differences where work meets pre-existing surfaces may occur and do not, by themselves, constitute defective workmanship.

Unless a specific tolerance, dimension, or visual standard is expressly guaranteed in writing, Contractor does not guarantee perfectly level, plumb, square, centered, symmetrical, or cosmetically identical results where the existing structure or adjacent finishes do not reasonably allow that outcome.

19. Limitation of Liability

To the fullest extent permitted by law, Contractor’s total liability for any claim arising out of or relating to this Agreement, the project, or the services performed, whether based in contract, tort, negligence, strict liability, statute, or otherwise, will not exceed the total amount actually paid by Client to Contractor for the specific project giving rise to the claim.

To the fullest extent permitted by law, Contractor will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or speculative damages, including loss of use, loss of profits, lost rental income, hotel or relocation costs, emotional distress, diminished value, or business interruption, even if advised of the possibility of such damages.

Contractor is not responsible for any claim arising from pre-existing conditions, hidden conditions, manufacturer defects, customer-supplied materials, third-party work, acts or omissions of Client, normal wear and tear, or conditions beyond Contractor’s control.

20. Indemnification

Client will defend, indemnify, and hold harmless Contractor and its owners, managers, employees, agents, and subcontractors from and against claims, liabilities, damages, losses, judgments, fines, penalties, and expenses, including reasonable attorney’s fees, arising out of or relating to: (a) Client’s breach of this Agreement; (b) unsafe site conditions or undisclosed hazards; (c) Client’s misuse of the work area, tools, materials, or completed work; (d) injury or damage caused by Client, Client’s family members, tenants, guests, pets, or third-party contractors; or (e) customer-supplied materials or instructions.

21. Suspension, Termination, and Cancellation

Contractor may suspend work or terminate this Agreement for cause if Client fails to make any payment when due, fails to provide access, creates or permits unsafe conditions, materially breaches this Agreement, interferes with performance, or engages in abusive, threatening, harassing, defamatory, or excessive conduct toward Contractor or its personnel.

If Contractor suspends or terminates for cause, Client remains responsible for all unpaid amounts for labor performed, materials ordered or installed, restocking fees, cancellation charges, overhead, profit on work performed, demobilization and remobilization, and collection-related costs.

The client may cancel the project before work begins by written notice; we accept text and email as written notice. If Client cancels after Contractor has ordered materials, reserved schedule time, fabricated custom items, or started work, Client must pay for all labor performed, all materials ordered or committed, non-refundable deposits, restocking fees, cancellation costs, and reasonable overhead and profit attributable to work performed and commitments made.

22. Communications and Conduct

The parties agree to communicate in a professional and respectful manner. If Client engages in abusive, threatening, harassing, defamatory, or excessive communications by phone, text, email, social media, review platforms, or in person, Contractor may require that all further communications be made in writing and may use counsel, third-party representatives, or alternative service providers to manage remaining obligations.

Any additional reasonable cost incurred by Contractor because of Client’s abusive or obstructive conduct may be charged to Client to the extent permitted by law and to the extent such conduct materially increases the cost of administration or completion.

23. Dispute Resolution; Chapter 558

Before either party initiates legal proceedings, that party must provide written notice describing the dispute in reasonable detail. The receiving party will have 10 business days to respond in writing.

Any claim involving an alleged construction defect is subject to Chapter 558, Florida Statutes. Client must comply with all pre-suit notice and inspection requirements under Chapter 558 before filing suit for an alleged construction defect.

Either party may request non-binding mediation in Hillsborough County, Florida, before filing a legal action, except where immediate injunctive relief, lien enforcement, collection action, or small claims procedures are appropriate.

24. Governing Law; Venue; Attorney’s Fees

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Venue for any court proceeding arising out of or relating to this Agreement will lie exclusively in a court of competent jurisdiction in Hillsborough County, Florida, unless Contractor elects to file a collection, lien, or small claims action in any other court allowed by law.

The prevailing party in any action arising from this Agreement will be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party to the fullest extent permitted by applicable law.

25. Mechanic’s Lien Rights

Client acknowledges receipt of the Florida Construction Lien Notice and understands that persons or entities who furnish labor, services, or materials and are not paid in full may have lien rights against the property under Chapter 713, Florida Statutes.

Nothing in this Agreement waives Contractor’s right to serve notices, record a claim of lien, foreclose a lien, or pursue any other lawful remedy for non-payment.

26. Force Majeure

Contractor will not be liable for failure or delay in performance caused by events beyond its reasonable control, including severe weather, flooding, hurricanes, fire, labor disruptions, supply chain interruptions, material shortages, transportation delays, illness, governmental action, inspection delays, utility outages, or other force majeure events. In such cases, the time for performance will be reasonably extended.

27. Independent Contractor; Subcontractors

Contractor may use any independent trades to perform portions of the work. Contractor remains responsible for the work it agrees to provide, but nothing in this Agreement creates an employment relationship between Client and Contractor’s workers or subcontractors.

28. Entire Agreement; No Oral Modification

This Agreement constitutes the entire agreement between the parties regarding the project and supersedes all prior or contemporaneous proposals, discussions, communications, negotiations, website statements, and understandings concerning the project. Client acknowledges that no oral statement, promise, or representation not expressly included in the Agreement is binding.

No amendment, waiver, or modification is valid unless made in writing and approved by both parties. Electronic signatures, typed approvals, email approvals, text approvals, and approved digital acceptance methods may be treated as binding written approval where the content of the approval is reasonably clear.

29. Severability and Waiver

If any provision of this Agreement is found unenforceable, the remaining provisions will remain enforceable to the fullest extent permitted by law. A waiver of any breach or provision on one occasion is not a waiver of any later breach or of any other provision.[1]

Florida Construction Lien Notice

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. FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER POSSIBLE YOU CONSULT AN ATTORNEY.

Florida Chapter 558 Notice

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 (60) 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.