Privacy Policy

FLEMING EXTERIOR LLC
Master Risk, Payment, Operations, Privacy, and Liability Protection Policy

Legal Name: Fleming Exterior LLC
State of Formation: Missouri
Primary Location: Montgomery, Missouri
Owners: Devin Fleming, Shyanne Daniels
Effective Date: February 2026

IMPORTANT LEGAL NOTICE

This policy establishes company standards, operational rules, payment protections, privacy practices, and liability limitations for Fleming Exterior LLC.

This document is intended to be used in conjunction with written client contracts, proposals, estimates, subcontractor agreements, change orders, and digital approvals. This policy does not replace legal counsel and should be reviewed by a Missouri licensed construction attorney prior to final adoption.

1. CORE BUSINESS PROTECTION PHILOSOPHY

Fleming Exterior LLC operates as a professional, family owned construction company. All policies are designed to:

• Prevent unpaid labor and material loss
• Eliminate verbal misunderstandings
• Control scope and pricing
• Protect company and owner assets
• Preserve legal and lien rights
• Strengthen documentation in disputes

No work is performed without written authorization. No exceptions.

1. CLIENT CONTRACT REQUIREMENTS, NON NEGOTIABLE

2.1 Written Contract Requirement

• A signed written contract is required before any work begins
• Verbal agreements are not valid or enforceable
• Contracts must define scope, pricing, timeline, payment terms, and dispute resolution

2.2 Scope of Work Definition

• Scope of Work must be detailed and itemized
• Any work not specifically listed is excluded by default
• Client acknowledges that exclusions are intentional

2.3 Scope Change Control

• Any request outside the original scope constitutes a Change Order
• Change Orders must include:
• Written description
• Cost adjustment
• Timeline adjustment
• Client approval
• Work will not proceed until a Change Order is approved

Failure to approve a Change Order removes any obligation to perform additional work.

1. PAYMENT TERMS AND COLLECTION ENFORCEMENT

3.1 Deposits

• A minimum deposit of 30 to 50 percent is required before scheduling
• Deposits become non refundable once materials are ordered or labor is scheduled

3.2 Progress Payments

• Required for projects exceeding seven calendar days
• Payment milestones are defined in the contract
• Missed or late payments result in immediate work suspension

3.3 Final Payment and Substantial Completion

• Final payment is due upon substantial completion
• Substantial completion means the project is usable for its intended purpose
• Walkthroughs do not delay final payment
• Punch list or minor cosmetic items do not justify withholding payment

3.4 Non Payment Remedies

Failure to pay authorizes Fleming Exterior LLC to:

• Suspend work immediately
• Apply late fees as permitted by law
• Initiate collections
• File a mechanic’s lien under Missouri law

The client is responsible for all collection costs, legal fees, court costs, and enforcement expenses.

1. MECHANIC’S LIEN RIGHTS

4.1 Reservation of Rights

• Fleming Exterior LLC retains full mechanic’s lien rights
• Client acknowledges awareness of Missouri lien laws

4.2 Notice Compliance

• Preliminary notices will be issued when required
• Non payment authorizes lien filing without additional notice

1. CLIENT RESPONSIBILITIES AND ASSUMED RISK

Clients are responsible for:

• Jobsite access
• Utility availability
• Securing pets and children
• Removal of personal property
• Disclosure of known site or structural conditions

Fleming Exterior LLC is not responsible for pre existing, concealed, or undisclosed damage.

1. WARRANTIES AND LIMITATIONS

6.1 Workmanship Warranty

• Limited workmanship warranty, typically one year
• Does not cover manufacturer material defects

6.2 Warranty Void Conditions

Warranty is void if:

• Work is altered by others
• Another contractor modifies the work
• Required maintenance is not performed
• Recommended repairs are declined

1. LIMITATION OF LIABILITY

• Liability is limited to the total contract value
• No liability for indirect, incidental, or consequential damages
• No responsibility for hidden or unknown structural conditions

1. INSURANCE AND RISK TRANSFER

8.1 Company Coverage

• General Liability insurance minimum of $1,000,000
• Workers’ Compensation coverage as required by law

8.2 Subcontractor Requirements

• Proof of insurance required before site access
• Subcontractors must indemnify Fleming Exterior LLC

1. INDEPENDENT CONTRACTOR AND 1099 POLICY

9.1 Independent Status

• All contractors operate as independent businesses
• No employment relationship is implied

9.2 Contractor Obligations

Contractors are responsible for:

• Taxes
• Insurance
• Tools and equipment
• Licensing
• OSHA compliance

9.3 Indemnification

Contractors assume full responsibility for:

• Their work
• Their personnel
• Their negligence or violations

1. SAFETY, OSHA, AND INCIDENT MANAGEMENT

• PPE is mandatory on all job sites
• Daily safety awareness is required
• Incidents must be reported within 24 hours
• Safety violations result in immediate removal

1. PROPERTY DAMAGE AND SITE CONDITIONS

Fleming Exterior LLC is not responsible for:

• Hidden utilities or underground lines
• Pre existing site conditions
• Weather related damage or delays
• Material shortages or supplier delays

Client acknowledges construction work involves inherent risk.

1. WEATHER, DELAYS, AND FORCE MAJEURE

Delays caused by weather, inspections, supply chain issues, labor availability, or events beyond company control do not constitute breach of contract.

1. MATERIAL PRICE ESCALATION

• Pricing is based on material costs at the time of estimate
• Significant supplier price increases may require contract adjustment
• Client approval is required for revised pricing
• Work may pause until adjustment is accepted

1. PERMITS AND INSPECTIONS

• Responsibility for permits will be defined in the contract
• Inspection or permitting delays do not extend liability to the company
• Failed inspections due to pre existing or undisclosed conditions are excluded

1. ACCESS, WORK HOURS, AND SITE AVAILABILITY

• Approved work hours are defined by local ordinance and company schedule
• Client must provide clear access to the jobsite
• Delays caused by blocked access extend project timelines
• Company is not responsible for damage caused by restricted access

1. ABANDONED OR NON RESPONSIVE PROJECTS

• If a client becomes unresponsive beyond a reasonable period
• Work may be suspended or terminated
• Completed work and materials remain payable
• Storage, remobilization, or administrative fees may apply

1. TERMINATION TERMS

17.1 Client Termination

• Client termination requires payment for all completed work
• Materials and special orders are non refundable

17.2 Company Termination

Fleming Exterior LLC may terminate work for:

• Non payment
• Unsafe or hostile conditions
• Harassment
• Misrepresentation
• Contract violations

1. ELECTRONIC SIGNATURES AND DIGITAL COMMUNICATION

• Electronic signatures are legally binding
• Email, text message, and digital approvals constitute written authorization
• Change Orders may be approved electronically
• Client consents to electronic communication

1. PRIVACY POLICY AND DATA USE

Fleming Exterior LLC may collect:

• Names
• Phone numbers
• Email addresses
• Property addresses
• Project details

Information is used for:

• Estimates
• Scheduling
• Communication
• Billing
• Legal and operational purposes

• Personal data is not sold
• Data may be shared with third party tools necessary for business operations
• Reasonable safeguards are used, but no system is guaranteed secure
• Jobsite photos may be used for documentation, marketing, or dispute resolution

1. DISPUTE RESOLUTION

• Mediation required prior to escalation
• Arbitration before litigation
• Venue and governing law, Missouri

1. RECORD RETENTION

• Contracts and financial records retained for seven years
• Incident reports retained permanently

1. SEVERABILITY AND ENTIRE AGREEMENT

• If any section is deemed unenforceable, remaining sections remain valid
• This policy and associated contracts represent the entire agreement

1. POLICY AUTHORITY

This policy overrides all verbal statements or representations.
Only company ownership has authority to modify or waive this policy.

FLEMING EXTERIOR LLC
Building spaces, and protection, that last.