Decked Out Fence & Deck

Master Service Agreement (MSA)

Effective Date: 1/1/25
Last Updated: 1/1/25

This Master Service Agreement (“Agreement”) governs all fence, deck, and related construction services provided by Decked Out Fence & Deck (“Contractor,” “we,” “us,” or “our”) to the customer (“Client,” “you,” or “your”).

By approving an estimate, signing a proposal, making a payment, or allowing work to begin, Client acknowledges that they have read, understand, and agree to be bound by this Agreement in full.

1. Scope of Agreement

This Agreement applies to all fence, deck, and outdoor construction projects, including but not limited to:

New construction
Replacement
Repairs
Modifications
Add-ons
Related demolition or site work

The specific scope, pricing, materials, and timeline for each project will be detailed in the written estimate or proposal (“Estimate”) approved by Client. In the event of any conflict, the Estimate controls scope and price, and this Agreement controls terms and conditions.

2. Estimates, Acceptance & Contract Formation

All Estimates are provided in writing.
Estimates are valid for a limited time as stated.
Approval of an Estimate—electronically or otherwise—constitutes acceptance of this Agreement.
No work will begin until the Estimate is approved and the required deposit is received.

Verbal representations are not binding unless confirmed in writing.

3. Payments & Failure to Pay

Payment Terms

A deposit is required prior to scheduling.
Remaining balances are due upon substantial completion unless otherwise stated in writing.
Payments not received when due may result in work stoppage.

Late Payments

Past-due balances may accrue interest at the maximum rate allowed by Florida law.
Client is responsible for all costs of collection, including attorney’s fees, court costs, and lien filing fees, where permitted.

Right to Lien

Contractor reserves all rights under Florida’s Construction Lien Law. Client acknowledges that failure to pay may result in a construction lien against the property.

4. Change Orders

Any changes to scope, materials, design, or conditions must be approved in writing through a change order.
Verbal changes are not valid.
Change orders may affect price and schedule.
Hidden or unforeseen conditions discovered during construction automatically require a change order.

5. Existing Conditions & Concealed Damage

Client acknowledges that construction may expose conditions not visible prior to work, including but not limited to:

Rot
Water damage
Termite damage
Structural deficiencies
Improper prior construction
Non-code-compliant framing

Contractor is not responsible for pre-existing or concealed conditions. Discovery of such conditions may require additional work and cost via change order.

6. Undisclosed Utilities & Site Conditions

Client represents that all utilities and site conditions have been disclosed, including:

Underground utilities
Irrigation systems
Septic systems
Drainage lines
Gas lines
Electrical lines

Contractor is not responsible for damage to undisclosed utilities or conditions outside the visible work area.

7. Permits, Inspections & Approvals

Permit responsibility will be stated in the Estimate.
Contractor is not responsible for delays caused by permitting authorities, inspectors, or third parties.
Client is responsible for HOA approvals, easements, or special neighborhood requirements unless otherwise stated.

8. Schedule, Delays & Access

Start dates and timelines are estimates and not guarantees.
Delays may occur due to weather, inspections, material availability, or unforeseen conditions.
Client must provide reasonable access to the job site during normal working hours.
Delays caused by Client may result in additional costs.

9. Property & Site Protection

Contractor will take reasonable care to protect the work area; however:

Landscaping disturbance within the work zone is considered normal.
Contractor is not responsible for damage to items not removed from the work area.
Construction may cause vibration, noise, or dust inherent to the work.

10. Materials & Substitutions

Materials specified are subject to availability.
Contractor reserves the right to substitute comparable materials if necessary.
Manufacturer warranties apply to materials and are passed through to Client where applicable.

11. Limited Warranty

Contractor provides a limited workmanship warranty as follows:

Warranty period: [Insert Time Period, e.g., 1 year]
Warranty covers defects caused by improper installation only.

This warranty does not cover:

Normal wear and tear
Wood checking, splitting, or warping
Settlement or movement
Acts of God
Abuse, misuse, or lack of maintenance
Manufacturer defects (covered by manufacturer warranties)

12. Limitation of Liability

To the fullest extent permitted by Florida law:

Contractor’s liability is limited to the total contract amount paid.
Contractor is not liable for indirect, incidental, or consequential damages.
Contractor is not responsible for pre-existing conditions or third-party work.

13. Termination

Contractor may suspend or terminate work if:

Payments are not made as agreed
Client breaches this Agreement
Unsafe or undisclosed site conditions exist

Client remains responsible for payment for all work completed and materials ordered.

Contractor reserves the right to terminate work before work begins at will in which case the contractor will be resposible for refunding the full deposit

14. Dispute Resolution & Governing Law

This Agreement shall be governed by the laws of the State of Florida.
Venue for any dispute shall be the county in which the project is located.
Prevailing party is entitled to recover reasonable attorney’s fees and costs where permitted.

15. Entire Agreement

This Agreement, together with the approved Estimate and any written change orders, constitutes the entire agreement between the parties. No oral statements or prior agreements shall have any force or effect.

16. Acceptance

By approving an estimate, making payment, or allowing work to commence, Client confirms acceptance of this Master Service Agreement.