Job agreement packet

1. Parties and the agreement

These Terms and the signed job packet (cover, scope, material sign-off, portfolio acknowledgment, and any change orders or stop-work notices) are the Agreement. Marketing on our website, including photos on the Work page, describes our typical finish. It is not a promise that your bathroom will match another job unless the signed material list says so.

Every owner on title to the property should sign. If more than one person signs, each is jointly responsible for payment.

2. When work and material orders start

We do not tear out, order special-order materials, or commit to a start window until (a) the job packet is signed and (b) the deposit on the cover is paid. If you cancel after we have ordered non-returnable materials, you remain responsible for those materials and any restocking the supplier charges.

3. Scope of work

Only the rooms and tasks written on the signed Scope of Work are in scope. Our typical bathroom install, when listed on that scope, is:

• Tear-out of the existing tub or shower unit as scoped
• Drain plumbing for the new fixture through the P-trap and the local tie-in described on the scope
• Valve plumbing for the new fixture
• Base set in concrete and leveled
• Samuel Mueller three-piece wall system
• Finish and trim listed on the cover or scope
• Bathroom floor only if the scope checks it

Anything not written there is extra work and needs a signed, priced change order before we do it.

4. Approved materials and taste

You will review colors, finishes, brands, and model or SKU numbers before we order or install. You initial each line on the Material Selection form. After you sign that form:

• Special-order materials are non-returnable
• Dislike of color, pattern, sheen, or style is not a defect and is not a breach by Kinzel
• Taste or “I changed my mind” is not a reason to withhold payment, refuse the final invoice, or demand removal and replacement

Our warranty covers workmanship defects — for example a leak we caused, a base that is not level, or an improper install. It does not cover taste.

5. Quality and prior work

Before you sign, you will review before-and-after photos of prior Kinzel work (on our Work page and/or in person). By signing the portfolio acknowledgment you accept that standard of finish. “I don’t like how it looks” after an install that matches the signed materials and that standard is not a defect and is not grounds to withhold payment.

6. Payment

The cover states the contract price and the payment schedule. Suggested default, which you may change on the cover: a deposit due on signing, before any special-order materials, and the balance due at substantial completion. A full-bath job may add an optional midpoint draw. A shower-and-tub job may stay two payments.

Substantial completion means the bathroom is usable for its intended purpose under the signed scope, even if minor punch items remain. Balance is due then — not when you “feel happy” with the look of approved materials.

• We may suspend work for late payment without being in breach
• You may withhold only a reasonable amount equal to the cost to finish punch items listed on the walkthrough form — not the whole balance
• Approved-material regret, out-of-scope requests, and delays from hidden or out-of-code conditions are not punch items
• Unpaid balances accrue a late charge of 1.5% per month, or the maximum Ohio law allows, whichever is less
• If we have to collect, you pay reasonable collection costs and attorney fees if we prevail

7. Timelines are estimates

A full bathroom remodel is typically about one week on site. A shower-and-tub install is typically about two days. Those are estimates, not guarantees. We are not liable for delay damages, hotel, rent, lost wages, or similar costs when delay comes from:

• Hidden or out-of-code existing conditions
• Your decisions, access, pets, or not being home
• Third-party trades you must hire
• Permits, inspections, or material lead times after sign-off
• A stop-work under the hidden-condition clause

A delay or pause is not a reason to withhold amounts already earned for labor, completed work, or ordered materials.

8. Out of scope

Unless a signed change order says otherwise, the following are out of scope:

• Anything outside the bathroom listed on the scope
• Repainting or refinishing adjacent rooms, hallways, or ceilings
• Drywall, plaster, or paint repair beyond the opened work area
• Plumbing beyond the agreed fixture connection (see section 10)
• Structural framing, joist or stud replacement, or exterior walls
• Mold remediation, rot repair, asbestos or lead abatement
• Electrical, HVAC, or windows not listed on the scope

9. Adjacent areas

Remodeling is dusty and invasive. Incidental scuffs, dust, and fastener marks in the work path are expected and are not defects. We will use reasonable care and protect adjacent floors and openings (drop cloths and similar protection).

Repainting, refinishing, or rebuilding finishes outside the bathroom is not included. If we cause accidental damage through a failure of reasonable care, we will tell you and may repair it or credit the reasonable cost of repair — our choice — rather than remodel that room. A request to paint a whole ceiling, hallway, or adjacent room is a change order.

10. Plumbing limit

Our plumbing scope is drain and valve work for the new unit, not a whole-house drain-waste-vent rebuild. That scope ends at the fixture drain and valve connection, typically through the P-trap and the local tie-in described on the scope.

Existing drains, vents, stacks, slab piping, or conditions beyond that point that are out of code, collapsed, or unusable are your responsibility. You must hire a licensed third-party plumber or other qualified contractor for that work. We may pause until it is corrected. A pause is not a breach. Completed work, labor to date, and ordered materials remain payable. Remobilization may be billed as stated in section 13.

11. Hidden and unforeseen conditions

If we find concealed conditions — including mold under a subfloor, rotten joists or studs, a failed slab drain, or unsafe structure — we will give you a written stop-work notice and stop.

We are not obligated and not qualified to structurally frame exterior walls, replace floor joists, or remediate mold. You hire the appropriate licensed trade. We are not liable for the pre-existing condition or for that third party’s work.

Amounts due for work already performed, materials ordered, and remobilization stay due even if the job is paused or later cancelled. If you refuse to remediate, or do not start remediation within 14 calendar days after the stop-work notice, we may terminate and keep earned amounts. The deposit is applied to those amounts. Unused returnable materials are handled as the supplier allows; non-returnable materials remain your cost.

12. Change orders

No added work unless both sides sign a priced change order. Verbal requests are not extra scope. We may refuse work we are not qualified or licensed to do.

13. Stop-work and remobilization

A written stop-work notice pauses the job. Time during a pause does not count against an estimated timeline and is not a breach. When we return, you pay a remobilization charge: the amount written on the stop-work notice or, if none is written, one half-day of labor plus any re-permit or re-inspection costs.

14. Your responsibilities

• Give access to the work area during agreed hours, with water and power available
• Secure pets and keep children out of the work area
• Make material or layout decisions within 5 business days of our written request
• Hire and pay third-party trades required for out-of-scope or hidden-condition work
• Pay on the schedule on the cover

15. Permits

Unless the cover says otherwise, we pull permits required for the scoped plumbing and install. You are responsible for permits for anything out of scope or performed by a third party you hire. Inspections can add time; that time is an estimate issue under section 7, not a reason to withhold payment.

16. Limited warranty

We warrant our workmanship for one year from the walkthrough date (or from substantial completion if you skip the walkthrough). This covers leaks we caused, failed level, and improper install of the scoped work. Manufacturer warranties on Samuel Mueller products, fixtures, and other materials are between you and the manufacturer. This warranty does not cover taste, wear, abuse, lack of maintenance, movement or failure of the existing structure, or work by others.

17. Limitation of liability

Our total liability under this Agreement is limited to the contract price on the cover. We are not liable for consequential or incidental damages, including hotel, rent, lost wages, or emotional distress. This limit does not apply to the extent Ohio law does not allow it.

18. Photos

You allow us to photograph the job for our records and to show before-and-after work on our site. We will not publish your street address with the photos.

19. Termination

We may terminate if you fail to pay, refuse required remediation, or block access. You remain responsible for earned labor, completed work, ordered materials, and remobilization already incurred. Either party may terminate as the 3-day cancellation notice allows, if that notice applies.

20. Mechanic’s lien

If you do not pay amounts due, we may use remedies Ohio law allows, including the right to file a mechanic’s lien against the property under Ohio Revised Code Chapter 1311.

21. Three-day right to cancel

If you sign this Agreement at your home, you may have a right to cancel within three business days under the FTC Cooling-Off Rule and Ohio home-solicitation law. The job packet includes a cancellation notice. If that notice applies, use it. Cancellation after we have begun work or ordered non-returnable materials (after the cooling-off period) does not erase amounts already earned.

22. Jobs of $25,000 or more

If the contract price is $25,000 or more, Ohio Home Construction Service Supplier rules (Ohio Revised Code Chapter 4722) may add required contract terms and registration duties. Those statutory requirements control if they conflict with this Agreement. This document does not replace that statute.

23. Governing law

Ohio law governs. Venue is Cuyahoga County, Ohio, unless a court requires otherwise. Our service area is Cleveland, Ohio metro.

24. Entire agreement

The signed job packet, these Terms (this version), and signed change orders are the entire agreement. No verbal side deal changes it. Website copy is not a warranty of a specific look beyond the signed materials.

25. Severability

If a court finds one part unenforceable, the rest still applies.