Effective Date: 09/01/2024
These Terms and Conditions (“Terms”) govern the use of the Key Living Homes LLC website, all inquiries, consultations, estimates, proposals, quotations, and all pre-contract and contract-related communications, unless expressly superseded by a later written agreement signed by Key Living Homes LLC (“Company,” “Contractor,” “Builder,” “we,” “us,” or “our”) and the applicable client (“Client”).
By accessing our website, requesting a consultation, accepting a proposal, or otherwise engaging with our services, Client acknowledges and agrees to be bound by these Terms. If Client enters into a separate written construction agreement, brokerage agreement, design agreement, or other service contract with the Company, the terms of that signed agreement shall control in the event of any conflict with these Terms.
The Company may provide custom home construction, residential renovation and remodeling, design services, floor plan drafting, project management, and real estate services through licensed Missouri Realtors®, including Ashley Key and Travis Key, powered by Fox & Riley Real Estate.
All services are subject to availability, project suitability, permitting requirements, site conditions, subcontractor availability, and the Company’s approval in its sole discretion. No service, scope, timeline, or pricing commitment shall be binding unless memorialized in a signed written agreement or signed proposal accepted by both parties.
Any estimate, budget, allowance, schedule, or proposal provided by the Company is for informational and negotiation purposes only unless expressly stated otherwise in writing. Estimates are based on the information available at the time issued and may change due to market conditions, site conditions, plan revisions, selections, scope changes, permitting requirements, or other factors beyond the Company’s control.
A proposal is not a binding contract until accepted in writing by the Client and the Company, and any required deposit or initial payment is received. The Company reserves the right to withdraw, revise, or limit any proposal prior to written acceptance.
Unless otherwise stated in a signed written agreement, the following order of precedence shall apply in the event of conflict or inconsistency:
No oral statement, representation, or promise shall alter this order unless confirmed in a signed written document.
Payment terms, deposits, draws, retainage, allowance handling, and billing schedules shall be governed by the applicable signed agreement or invoice. Unless otherwise stated in writing, all payments are due in accordance with the payment terms listed on the invoice, proposal, or contract.
Work shall not commence, and the Company shall have no obligation to order materials or schedule labor, until all required initial payments, deposits, or other conditions precedent to commencement have been satisfied.
All payments made are earned as work is performed, materials are ordered, labor is scheduled, and administrative costs are incurred, subject to the terms of the applicable agreement and to the fullest extent permitted by law.
Late payments may be subject to late charges, suspension of work, remobilization costs, collection costs, and attorney fees, to the fullest extent permitted by law.
Failure by the Company to enforce any payment deadline or invoice term immediately shall not constitute a waiver of its right to enforce that term later. Acceptance of partial payment shall not waive the Company’s right to pursue all remaining amounts owed.
The Company reserves the right to apply any payment received in the following order, unless otherwise required by law or a signed agreement:
The Company may suspend work immediately, without liability for resulting delay, if the Client fails to make payment when due, fails to make timely selections, interferes with the project, fails to approve required documents, or otherwise materially breaches the applicable agreement.
Any suspension caused by Client shall automatically extend all applicable deadlines and may result in additional costs, including but not limited to remobilization, re-sequencing, rescheduling, storage, restocking, labor inefficiencies, and administrative charges.
All changes to scope, materials, selections, design, allowances, or specifications must be authorized in writing before the changed work is performed. Verbal approvals are not valid.
The Company may require a formal change order for any requested modification and may charge administrative fees, labor costs, material costs, subcontractor charges, redesign fees, and schedule adjustment costs. The Company reserves the right to reject any requested change that would adversely affect safety, integrity, cost, feasibility, permitting, code compliance, or the project schedule.
Allowances represent estimated budget amounts for selected items such as flooring, cabinetry, countertops, plumbing fixtures, lighting, appliances, tile, and other finish components. If the actual cost of a selection exceeds the allowance, Client shall be responsible for the difference, including any related labor or installation costs.
If the actual cost of a selection is below the allowance, any credit shall be handled in accordance with the signed agreement or the Company’s standard accounting practices. Client is responsible for making timely selections in accordance with deadlines established by the Company.
The Company is not responsible for cost increases caused by inflation, supply chain disruption, manufacturer price changes, labor shortages, tariffs, freight increases, or similar market conditions.
If material or labor costs increase after execution of the agreement by more than five percent (5%) of the relevant portion of the contract price, the Company reserves the right to adjust the contract price accordingly, provided the Company gives written notice and reasonable documentation where practical. The Client agrees to pay such adjusted amounts unless otherwise prohibited by law or the governing agreement.
Client shall timely provide all information, approvals, decisions, selections, signatures, site access, utilities, lender or title cooperation, and other cooperation reasonably required for the project.
Client shall ensure that the project site is accessible, safe, and free from hazards not caused by the Company. Client shall comply with all applicable permit conditions, zoning requirements, HOA rules, lender requirements, title requirements, and applicable laws. Client shall be responsible for delays, losses, or costs arising from Client’s failure to fulfill these responsibilities or from the acts or omissions of Client’s representatives, guests, consultants, or other third parties engaged by Client.
The Company retains the right to control access to active construction sites. Client, Client’s family, guests, agents, and third parties may not enter the project site without prior approval or appointment, and may be denied access for safety, insurance, or scheduling reasons.
Unauthorized access to the site shall be at the entrant’s sole risk. The Company shall not be responsible for injury, theft, loss, damage, or interference caused by unauthorized access or interference with construction operations.
The Company shall have sole control over construction means, methods, sequencing, scheduling, and procedures, subject to the applicable contract documents and code requirements. Client shall not direct subcontractors, interfere with construction operations, or instruct field personnel without the Company’s express written authorization.
Any Client interference may constitute a material breach and may result in delays, additional costs, suspension of work, or termination of the agreement.
The Company may engage independent subcontractors, vendors, consultants, and suppliers to perform work or provide materials. Such parties are independent contractors and not employees of the Company unless otherwise stated in writing.
To the fullest extent permitted by law, the Company shall not be liable for the independent acts or omissions of third parties beyond the Company’s own contractual obligations. Client shall not directly hire, bypass, supervise, or direct subcontractors retained by the Company without the Company’s written consent.
All plans, drawings, renderings, specifications, layouts, design concepts, and similar materials created by or for the Company remain the intellectual property of the Company unless expressly transferred in writing.
These materials are provided solely for the specific project for which they were prepared and may not be copied, reproduced, distributed, resold, shared with another builder, or used for another project without the Company’s prior written consent and, if applicable, a signed transfer agreement.
The Company may use photographs, renderings, plans, and project images for marketing, portfolio, advertising, social media, and promotional purposes unless prohibited by a written agreement.
Any estimated timeline, schedule, or completion date is an estimate only unless expressly guaranteed in a signed written agreement. The Company shall not be liable for delays caused by weather, material shortages, labor availability, inspection delays, permit delays, utility delays, owner decisions, site conditions, change orders, force majeure events, or any other matter outside the Company’s reasonable control.
Delays caused by the Client or the Client’s representatives shall extend the project schedule for a reasonable period and may result in additional costs. Time is of the essence with respect to Client obligations.
Client acknowledges that unknown or concealed site conditions may exist, including soil issues, drainage problems, rock excavation, underground obstructions, utility conflicts, hidden structural conditions, code-related conditions, and similar issues.
If such conditions are discovered, the Company may require a change order, additional pricing, revised scope, or schedule extension. The Company shall not be responsible for conditions that were not reasonably discoverable at the time of contracting.
Warranty coverage, if any, shall be governed by the applicable signed agreement and any third-party warranty program. The Company may provide a two-year workmanship warranty and applicable structural warranty coverage, including coverage through a third-party provider such as 2-10 Home Buyers Warranty, as further described in the project contract.
No warranty is provided for owner-supplied materials, normal wear and tear, misuse, neglect, lack of maintenance, unauthorized modifications, or work performed by others. Warranty claims must be made in writing in the manner required by the applicable agreement.
The Company makes no warranty or guarantee regarding resale value, market performance, appreciation, financing approval, or future property condition.
Where a signed agreement so provides, warranty inspections or reviews may be conducted at designated intervals, including approximately three (3) months and twelve (12) months after substantial completion. Client shall cooperate in scheduling such visits and shall submit warranty items in writing as required.
Only items that qualify under the applicable warranty terms will be repaired or addressed. Cosmetic issues, normal settling, maintenance items, and items caused by improper use or outside contractors may not be covered.
“Substantial completion” means the project has been completed to the point that it is suitable for occupancy or intended use, subject only to minor punch list items that do not materially prevent occupancy or intended use.
Final walkthroughs, punch lists, occupancy, and acceptance shall be governed by the signed agreement. Unless otherwise stated in writing, completion of substantial completion shall not be delayed by minor corrective items that can be reasonably completed after occupancy.
The Company may terminate or suspend services for nonpayment, material breach, interference, unsafe conduct, failure to cooperate, failure to make selections, failure to proceed to closing, or any other material default by the Client, subject to any notice and cure rights in the applicable agreement.
If the Client terminates a project for any reason not caused by the Company’s material breach, Client shall be responsible for all work performed, materials ordered or stored, subcontractor commitments, cancellation charges, administrative charges, demobilization costs, and reasonable overhead and profit on completed work, to the fullest extent permitted by law and as provided in the applicable agreement.
Real estate services are governed by Missouri law, applicable brokerage agreements, and the rules of the Missouri Real Estate Commission. No representation made on the website or in marketing materials shall be interpreted as a guarantee of a property outcome, market result, or transaction closing.
Website content is provided for general informational purposes only and may not reflect current pricing, availability, design standards, production methods, or project-specific terms. The Company makes reasonable efforts to maintain accurate information but does not guarantee that all content is complete, current, or error-free.
The website may be updated, modified, suspended, or discontinued at any time without notice.
To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, loss of use, delay damages, or economic loss arising from website use, proposal review, pre-contract discussions, or service performance.
To the fullest extent permitted by law and subject to any controlling signed agreement, the Company’s total liability for any claim shall not exceed the amount actually paid to the Company for the specific service giving rise to the claim.
Client shall indemnify, defend, and hold harmless the Company, its owners, officers, employees, agents, representatives, subcontractors, and affiliates from and against claims, damages, liabilities, penalties, costs, and expenses arising out of or relating to Client’s breach of these Terms, Client’s misuse of the website, Client-provided plans or specifications, Client’s site conditions, Client’s third-party contractors, or Client’s interference with the project, except to the extent caused by the Company’s gross negligence or willful misconduct where such limitation is not permitted by law.
To the fullest extent permitted by law, Client shall be responsible for all costs of collection arising from nonpayment, including attorney fees, court costs, filing fees, service fees, expert fees, administrative charges, and related expenses, whether or not suit is filed.
Any dispute arising out of or relating to the Company’s services shall first be addressed in good faith by the parties. If the dispute is not resolved informally, the parties shall attempt mediation in Lincoln County, Missouri, before resorting to litigation or arbitration, unless a signed agreement provides otherwise.
If a signed project agreement contains a different dispute resolution process, that process shall control. Any applicable governing law shall be the law of the State of Missouri.
In any action or proceeding arising from or related to these Terms or a signed agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs to the extent permitted by law and by the applicable written agreement.
28. RIGHT TO REPAIR NOTICE
Pursuant to Missouri Revised Statutes Sections 436.350 to 436.365, Client must provide Builder with written notice of any alleged construction defect and allow Builder the opportunity to inspect and offer to repair prior to initiating legal action.
Failure to comply with these requirements may limit Client’s legal remedies.
Client may not assign or transfer any rights or obligations under these Terms or any related agreement without the Company’s prior written consent. The Company may assign or transfer its rights and obligations to an affiliate, successor, or permitted assignee as part of a business transfer, reorganization, or similar event.
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
No failure or delay by the Company in exercising any right, remedy, or privilege shall operate as a waiver of that right, remedy, or privilege. Any waiver must be in writing and signed by the Company.
These Terms, together with any signed written agreement, proposal, change order, invoice, or applicable policy referenced herein, constitute the entire understanding between the parties with respect to the subject matter addressed. No oral statement or prior discussion shall modify these Terms unless confirmed in writing by the Company.
Key Living Homes LLC
300 Main St.
Troy, MO 63379
Email: Ashley@KeyLivingHomes.com
Broker Office: 636-400-7117
Construction Office: 636-338-1542
Website: www.KeyLivingHomes.com
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