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Terms & Conditions

Effective Date: [07/28/2025]

These Terms govern excavation and related contracting services ("Services") by Advantage JC Excavating (“Company”) for clients (“Client”) in Oregon and/or Washington.

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1. Contract Formation & Consumer Notices:

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  • The contract must be in writing and signed by both parties prior to commencement. For residential projects in Oregon over $2,000, include:

    • Construction Lien Notice, Consumer Protection Notice, and Notice of Procedure, and document the owner’s receipt Oregon.

    • Oregon clients have a one-business-day right to cancel initial residential contracts before substantial work begins (ORS 701.310) Oregon Legislature+3Oregon+3Oregon+3.

 

2. Scope, Permits & Licensing:

  • The scope of work, materials, start/completion dates, price, and payment schedule must be clearly detailed per Oregon’s CCB sample contract guidelines Oregon.

  • You must hold appropriate licensing:

 

3. Progress & Final Payment & Retainage

Oregon (Private Work):

 

Public Work or Washington/Commercial Projects:

  • Retainage bonding options also available in Washington woodruffsawyer.comen.wikipedia.org.

  • For public improvements:

    • Contractor must pay subcontractors within 30 days of receipt of owner payment, or incur interest at 9% per annum from day 11 onward Oregon Legislaturedwt.com.

    • Contracts must include a payment bond and performance bond if over threshold (e.g., WA > $35,000) under the Little Miller Act en.wikipedia.org.

 

4. Prompt Payment & Dispute Clause:

  • No waiver clause: Contracts must not prevent termination or suspension if prompt payment is not made as required under ORS 701.620–640 50-state.watttieder.com+4Levelset+4codes.findlaw.com+4.

  • No out‑of‑state governing law/jurisdiction clauses: Oregon contracts must be governed by Oregon law and dispute resolution performed in-state unless waived within exceptions Levelsetcasetext.com.

  • For Washington, arbitration or mediation clause may be included but clients must understand terms and costs Oregon.

 

5. Change Orders & Delays:

  • Any change to scope or pricing must be by written change order signed by both parties.

  • For Oregon public contracts, “no damages for delay” clauses are void if delay caused by the agency Oregon50-state.watttieder.com.

 

6. Warranties & Liabilities:

  • Workmanship warranty: e.g., 12 months unless different warranty specified.

  • Company not liable for unmarked utilities or undisclosed site conditions, unless due to negligence.

  • Client is responsible for marking utilities, permitting, and site access.

 

7. Termination:

  • Either party may terminate with written notice. Client owes payment for work done and materials ordered up to termination date.

 

8. Indemnification:

  • Client holds harmless the Company for claims arising from Client negligence, misrepresentation, failure to disclose utilities, or permit noncompliance.

 

9. Prevailing Wage & Labor Compliance:

 

10. Governing Law:

  • Oregon work: governed by Oregon law.

  • Washington work: governed by Washington law.

  • For work crossing both states, terms may include dual jurisdiction but respect the prohibition on out-of-state governing clauses under Oregon statute unless waived where permitted woodruffsawyer.com.

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Contact Information:

Advantage JC Excavating

[Warren, Oregon]
[503-396-2551]
[advantageexcavatingoffice@gmail.com]
CCB License #: [200834]
WA Registration #: [603290609]

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