Terms of Service

1. Residential and Commercial Clients

Residential Client means an individual who hires Contractor for work on a residence or residential property used for personal, family, or household purposes. Residential projects are "home improvements" under the New Jersey Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., and the consumer protections of New Jersey law apply to them.

Commercial Client means any business, LLC, corporation, landlord, property manager, investor, or other client hiring Contractor for business, rental, or commercial purposes.

Where a section says it applies only to one type of Client, it applies only to that type. All other sections apply to all Clients.

2. Forming the Agreement

Residential Clients: The Agreement is formed only when the Proposal is signed by both the Client and Contractor, in ink or by electronic signature. Contractor will provide the Client with a complete copy of the signed Agreement, including these Terms and a copy of Contractor's Certificate of Commercial General Liability Insurance. Work will not be scheduled or started until the Proposal is signed.

Commercial Clients: The Agreement is formed when the Client signs the Proposal, or, if earlier, when the Client approves the Proposal in writing (including by email or text message), makes any payment toward it, or allows work under it to begin.

Electronic signatures and electronic records have the same legal effect as paper originals under the New Jersey Uniform Electronic Transactions Act.

3. Order of Precedence & Entire Agreement

If documents conflict, they control in this order: (1) signed Change Orders, newest first; (2) the signed Proposal; (3) these Terms. The Agreement is the complete agreement between the parties and replaces any prior verbal or written discussions, estimates, or website content. The Agreement may be changed only in a writing signed by both parties.

4. Proposal Validity, Schedule & Delays

Proposal pricing is valid for fourteen (14) days from the date of issue unless the Proposal states otherwise. Each residential Proposal will state an estimated start date and an estimated completion date.

The completion date will be extended by the length of any delay caused by events outside Contractor's reasonable control, including: severe weather; material shortages or supplier delays; permit processing or inspection scheduling by a government agency; hidden conditions under Section 5; Change Orders; the Client's failure to provide access, decisions, selections, materials, or payments on time; a pause in the Work under Section 9 (Respectful Worksite); utility interruptions; labor disputes; illness or emergencies; and acts of government. Contractor will notify the Client in writing of any such delay and the expected new schedule.

5. Scope of Work & Hidden Conditions

Contractor will perform only the work and furnish only the materials described in the signed Proposal (the "Work"). Unless the Proposal specifically includes it, the Work does not include correcting pre-existing structural problems, rot, mold, asbestos, lead, water or pest damage, or prior work that does not meet code ("Hidden Conditions").

If Contractor discovers a Hidden Condition, Contractor will stop work on the affected area and give the Client written notice describing the condition, together with a proposed Change Order stating the added cost and time, if any. No added charge will apply unless the Client signs the Change Order.

If the Client does not sign or decline the Change Order within five (5) business days, Contractor may either (a) continue the remaining Work and adjust the schedule, or (b) remove the affected item from the Work with a written credit for its unperformed portion. If the Hidden Condition makes it unsafe or impossible to complete the Work, either party may end the Agreement under Section 13 or Section 14.

If a Hidden Condition presents an immediate risk of injury or property damage, Contractor may take reasonable temporary protective measures (such as temporary shoring, stopping an active leak, or shutting off a utility) and will notify the Client the same day.

6. Change Orders

Any change to the Work, price, or schedule requires a written Change Order signed by both parties, which may be signed electronically. Each Change Order will describe the change, its price, and its effect on the schedule. Verbal requests, including requests made to crew members on site, are not binding until a Change Order is signed. Payment for a Change Order is due as stated in the Change Order, or, if it states nothing, with the next scheduled payment.

7. Material Price Changes

If a supplier raises the price of a material by more than 10% after the Proposal is signed and before Contractor purchases it, Contractor will notify the Client in writing with the supplier's documentation. The Client may then (a) approve the increase by signing a Change Order, (b) choose a comparable substitute material, or (c) purchase and supply the material themselves under Section 10. No price increase applies without a signed Change Order.

8. Permits, Inspections & Codes

Unless the Proposal states otherwise, Contractor will apply for the construction permits required for the Work, and permit fees are included in the price only if the Proposal says so. The Client will sign any owner authorizations required for permits. Contractor will perform the Work in compliance with applicable building codes. If Contractor's work fails an inspection, Contractor will correct it at no charge. Corrections required because of Hidden Conditions, Client-supplied materials, or code changes after the permit was issued will be handled by Change Order.

9. Site Access, Client Responsibilities & Respectful Worksite

The Client will provide Contractor reasonable access to the work area during normal working hours, and access to electricity, water, and a place to park and stage materials. The Client will keep children, pets, and guests away from the work area.

Before work begins, the Client will remove personal belongings, valuables, and fragile items from the work area. If furniture or items requiring two or more people to move remain on the scheduled start day, Contractor may, with the Client's approval, move them for a flat fee of $150.00 per occurrence. Contractor is not responsible for damage to items the Client was asked to remove but did not, except damage caused by Contractor's negligence.

Lead-safe work: For homes built before 1978, Contractor will follow the U.S. EPA Renovation, Repair and Painting Rule and provide the Client with the EPA "Renovate Right" pamphlet before work begins.

Respectful Worksite: Contractor has zero tolerance for harassment, threats, racial, ethnic, religious or sexual slurs, or other hateful conduct directed at Contractor's employees or subcontractors by the Client, members of the Client's household, guests, tenants, or anyone the Client hires, whether in person, by phone, by text, or online. If such conduct occurs, Contractor may pause the Work and remove its crew from the site, and will notify the Client in writing within one (1) business day describing what happened. The Client acknowledges that Contractor's employees and subcontractors have the full right to record any conversation they are part of if they feel unsafe, as New Jersey law permits. The schedule will be extended by the length of the pause, and Contractor is not responsible for the resulting delay. Work will resume once Contractor is reasonably satisfied the conduct will not continue. If the conduct continues or is repeated after that notice, Contractor may terminate the Agreement under Section 13, and the Client will pay the amounts described in Section 14.

10. Client-Supplied Materials, Accounts & Procurement

If the Client supplies any materials, the Client is responsible for ordering them correctly, having them delivered to the site on time, and their quality, fitness, and manufacturer warranty. Delays caused by late or incorrect Client-supplied materials extend the schedule under Section 4. Contractor's workmanship warranty covers installation only, not defects in Client-supplied materials.

Quantity, Inspection & Storage

The Client is responsible for ordering enough material, including a reasonable overage for cuts, waste, and pattern matching (typically 10% to 15% for flooring and tile). Delays caused by shortages of Client-supplied materials extend the schedule under Section 4. Contractor will note any visibly damaged, defective, or incorrect materials before installing them. Contractor may decline to install materials that are damaged, defective, incorrect, or unsuitable for the intended use, and is not responsible for the resulting delay. Client-supplied materials stored at the site remain at the Client's risk of loss, theft, or damage, except loss or damage caused by Contractor's negligence.

Returns & Exchanges

Returning, exchanging, or disputing Client-supplied materials with the seller, manufacturer, or shipper is the Client's responsibility. Contractor reserves the right to decline any request to return, exchange, repackage, or transport Client-supplied materials. If Contractor agrees to a request in writing, the $50.00 per trip fee applies, and Contractor is not responsible for any restocking fee, refund denial, or return deadline.

Leftover Materials & Waste

Unused Client-supplied materials remain the Client's property and will be left at the site in a location the Client designates. Contractor's normal cleanup includes removing packaging and installation debris generated by the Work. Disposal of unused, surplus, rejected, or damaged Client-supplied materials, or of any items not included in the Work, is the Client's responsibility. At the Client's written request, Contractor may haul away such items for a disposal charge documented in a Change Order. Contractor will not dispose of paint, chemicals, or other hazardous materials that require special handling.

Client Pro Accounts & Contractor Out-of-Pocket Purchases

If the Client asks Contractor to pick up Client-purchased materials, a $150.00 pickup fee per trip applies.

Contractor will notify the Client of any additional materials, lumber, hardware, or supplies required for the project. The Client's verbal or written agreement is sufficient authorization for Contractor to purchase such items. Whenever applicable, materials that are the Client's responsibility will be processed directly under the Client's contractor or Pro accounts (such as Lowe's, The Home Depot, or similar supplier accounts).

If Contractor utilizes Contractor funds, credit, or payment methods outside the agreed contract to purchase materials, supplies, hardware, or related items on the Client's behalf, the following terms strictly apply:

• Receipts & 24-Hour Reimbursement: Contractor will provide the Client with copies of the itemized purchase receipts. Reimbursement for all purchases made with Contractor payment methods outside the agreed contract must be paid in full no later than twenty-four (24) hours after the Client receives the receipts via electronic transmission (text message or email).
• 10% Administrative Surcharge: A 10% administrative surcharge is applicable to all out-of-pocket material purchases made with Contractor funds. Contractor expressly reserves the right to apply, assess, or bill this 10% surcharge at the time of purchase, on subsequent invoices, or at any later time prior to final project reconciliation, as an established condition of this Agreement.
• Immediate Work Suspension: If reimbursement is not received and settled within twenty-four (24) hours of receipt transmission, Contractor reserves the absolute right to halt all ongoing project labor immediately until cleared payment is confirmed. Contractor is not liable for any resulting project delays.
• Title & Retention of Ownership: All materials purchased using Contractor funds remain the exclusive property of Contractor until reimbursed in full. If unpaid past forty-eight (48) hours, Contractor reserves the right to withhold delivery, return the items to the vendor for store credit or refund, or retrieve uninstalled materials from the project site.

11. Payment Terms

The payment schedule, including the deposit, any progress payments, and the final payment, is stated in the Proposal. Unless the Proposal says otherwise:

• Deposit: Due when the Proposal is signed. Work is scheduled after the deposit is received. Residential deposits are fully refundable if the Client cancels within the three-day cancellation period described in Section 22.
• Out-of-Pocket Material Purchases: Due in full within twenty-four (24) hours of receipt transmission as detailed in Section 10.
• Progress payments: Due within three (3) business days of the milestone stated in the Proposal.
• Final payment: Due within five (5) business days after Substantial Completion (Section 15), or after passing the final municipal inspection when one is required, whichever is later. Unfinished punch-list items do not delay final payment. The Client may hold back only an amount equal to the reasonable cost of completing the listed punch-list items, payable when those items are completed.

All checks must be payable to Henry General Construction LLC. Contractor does not accept payment made out to any individual.

Disputed Invoices

If the Client believes an invoice is incorrect, the Client must notify Contractor in writing within seven (7) days, stating the amount disputed and the reason, and must pay the undisputed portion on time. Late charges do not apply to an amount disputed in good faith while the parties work to resolve it.

12. Late Payment

• Residential Clients: Undisputed amounts not paid when due accrue simple interest at 1.33% per month (15.96% per year), not compounded, starting the day after the due date. No other late fees apply.
• Commercial Clients: Undisputed amounts not paid when due accrue interest at 2.0% per month (24% per year) starting the day after the due date, plus a one-time $300.00 late administration fee if unpaid ten (10) days after the due date, but never more than the maximum amount permitted by law.

13. Suspension & Termination by Contractor

If any undisputed payment is not made when due, Contractor may give the Client written notice. If payment is not received within seven (7) days after that notice, Contractor may suspend the Work until payment is received. The schedule will be extended by the length of the suspension. For Commercial Clients, this right is in addition to Contractor's rights under the New Jersey Prompt Payment Act, N.J.S.A. 2A:30A-1 et seq.

Contractor may terminate the Agreement by written notice if: (a) an undisputed payment remains unpaid fourteen (14) days after Work has been suspended; (b) the Client repeatedly prevents access to the site or interferes with the Work; (c) a condition at the site makes it unsafe to continue and the Client does not correct it within a reasonable time after written notice; or (d) conduct prohibited by Section 9 (Respectful Worksite) continues or is repeated after Contractor's written notice. If Contractor terminates under this Section, the Client will pay the amounts described in Section 14.

14. Cancellation by Client

Within three business days (Residential Clients): A Residential Client may cancel for any reason, with a full refund, as described in the Notice of Cancellation in Section 22.

After that period: The Client may end the Agreement at any time by written notice. The Client then owes, and Contractor may retain from any payments already made:

• the value of all Work performed through the date of notice, calculated from the Proposal pricing;
• the cost of materials ordered for the project that cannot be returned, plus any supplier restocking or cancellation fees (non-returnable materials become the Client's property once paid for);
• documented out-of-pocket costs already incurred, such as permit fees, dumpster rental, equipment rental, and subcontractor cancellation charges; and
• reasonable overhead and profit of 15% on the amounts above.

Contractor will send an itemized statement within fifteen (15) days. Any payments that exceed the amounts owed will be refunded within thirty (30) days. Any amount owed beyond the payments already made is due within ten (10) days of the statement.

After cancellation or termination, the Client will give Contractor access to the site within two (2) business days of a request, so Contractor can retrieve its tools, equipment, and uninstalled materials that remain Contractor's property.

15. Substantial Completion & Final Walkthrough

Substantial Completion means the Work is complete enough for the Client to use the work area for its intended purpose, with only minor punch-list items remaining. Substantial Completion also occurs when the Client begins using or occupying the completed work area for its intended purpose.

At Substantial Completion, Contractor and the Client will do a walkthrough and prepare a written punch list, which the Client will sign. Contractor will complete the punch-list items within a reasonable time. Contractor will never ask the Client to sign a certificate of completion before the Work is actually complete.

The Client's signature on the walkthrough sign-off confirms that the listed Work has been completed and that no other visible issues were identified at that time. The sign-off does not waive the Limited Workmanship Warranty, manufacturer warranties, claims about defects that were not visible at the walkthrough, or any right the Client has under New Jersey law.

16. Limited Workmanship Warranty

Contractor warrants that the Work will be free from defects in workmanship for twelve (12) months from Substantial Completion. If a covered defect appears, the Client must notify Contractor in writing during the warranty period and give Contractor reasonable access to inspect it. Contractor will then repair or correct the defect at no charge, at its option.

This warranty does not cover: normal wear and tear; misuse, neglect, or lack of maintenance; damage caused by others or by later alterations; settlement, shrinkage, or minor cracking in tile grout, caulk, drywall, or wood caused by normal building movement, temperature, or humidity; water damage from sources other than the Work; and defects in Client-supplied materials.

Manufacturer warranties on products and materials pass directly to the Client, and Contractor will provide available warranty information. Contractor is not required to perform warranty work while any undisputed amount under the Agreement remains past due; once that amount is paid, the warranty applies for its full remaining term.

Residential Clients: This limited warranty is in addition to, and does not reduce, any rights you have under New Jersey law.

Commercial Clients: This limited warranty is the Client's exclusive warranty and is given in place of all implied warranties, including merchantability and fitness for a particular purpose.

17. Insurance & Liability

Contractor maintains commercial general liability insurance of at least $500,000 per occurrence, as required by N.J.S.A. 56:8-142, and workers' compensation insurance as required by law. A copy of the certificate of insurance and the insurer's telephone number are provided with every residential Proposal and are listed in Section 22.

Contractor may use qualified subcontractors. Any subcontractor that New Jersey requires to be registered or licensed will be registered or licensed, and Contractor remains responsible for their work under this Agreement.

Commercial Clients only: Neither party is liable to the other for lost profits, lost rents, loss of use, or other indirect or consequential damages. Contractor's total liability arising from the Agreement will not exceed the total contract price, except for claims covered by Contractor's insurance and claims caused by Contractor's gross negligence or willful misconduct.

18. Photos & Marketing

Contractor may take photos and video of the Work for project records, warranty tracking, and its portfolio and marketing. Marketing materials will not show the Client's name, street address, family members, or personal belongings that identify the Client without the Client's consent. With the Client's approval, Contractor may place a temporary job-site sign during the project, subject to local and homeowners-association rules. The Client may opt out of marketing use at any time by written notice. Photos taken for project records and warranty tracking are not affected by an opt-out.

19. Disputes, Legal Fees & Governing Law

If a dispute arises, the parties will first try to resolve it in good faith by speaking directly. If it is not resolved within fifteen (15) days, either party may request non-binding mediation in New Jersey, with the mediator's fee shared equally. As required by N.J.S.A. 2A:30A-2(f), disputes about whether a party has failed to make payments required by the New Jersey Prompt Payment Act may be submitted to alternative dispute resolution.

Nothing in this Section prevents either party from filing a claim in small claims court, filing or enforcing a construction lien, or seeking emergency relief.

The Agreement is governed by New Jersey law. Any lawsuit will be brought in the Superior Court of New Jersey in the county where the project is located.

In any lawsuit or arbitration to enforce the Agreement, including collection of unpaid amounts, the prevailing party is entitled to recover its reasonable attorney's fees and court costs from the other party.

20. Construction Lien Rights

Contractor has the rights provided by the New Jersey Construction Lien Law, N.J.S.A. 2A:44A-1 et seq., to secure payment for work and materials. For residential construction, those rights require the filing of a Notice of Unpaid Balance and the arbitration procedure provided in that law.

21. General Provisions

• Notices: Formal notices under the Agreement must be in writing and may be delivered by hand, by mail, or by email to the addresses in the Proposal, except that a Residential Client's notice of cancellation within three business days must be sent as described in Section 22.
• Severability: If a court decides that any provision of the Agreement is unenforceable, that provision will be enforced to the greatest extent the court allows, and the rest of the Agreement stays in effect.
• No waiver: Failing to enforce a provision once does not waive the right to enforce it later.
• Assignment: Neither party may assign the Agreement without the other party's written consent, except that Contractor may assign its right to receive payment.
• Independent contractor: Contractor controls the means and methods of the Work.

22. Required New Jersey Notices (Residential Clients)

Notice of Cancellation

Contractor Registration

Contractor Information

• Legal name: Henry General Construction LLC (d/b/a Henry's Improvements)
• Legal business address: 503 Harbortown Blvd, Perth Amboy, NJ 08861
• Mailing address: PO Box 106, Belford, NJ 07718
• Home Improvement Contractor Registration No.: 13VH10251400
• NJ Business Registration Certificate No.: 2263541
• Commercial General Liability Insurer: State Farm, Policy No. 90-CX-R104-7, Phone (973) 226-7422 (Insured Legal Address: 503 Harbortown Blvd, Perth Amboy, NJ 08861). A copy of the certificate of insurance is attached to each residential Proposal.