Terms of Service

Last updated: March 2025

Agreement to Terms

By accessing or using the website and services provided by Balderas Concrete ("Company," "Contractor," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all visitors, users, and customers who access our website or engage our construction services.

If you do not agree to these Terms, please do not use our website or services. These Terms are in addition to any written contract or agreement you may sign for specific project work.

Services Description

Balderas Concrete is a professional concrete and construction contractor serving the Houston metropolitan area and surrounding regions within approximately 75 miles. Our services include but are not limited to:

Earthwork & Site Work

• Land clearing and grubbing
• Demolition services
• Subgrade preparation and soil stabilization
• Building pad construction
• Detention and retention pond construction
• Surveying and layout
• Grading and mass grading
• Excavation services

Turnkey Concrete Services

• Foundations (residential, commercial, and industrial)
• Slab on grade construction
• Post-tension slabs
• Elevated slabs and multi-level construction
• Industrial concrete
• Wastewater treatment plant (WWTP) construction
• Tilt-up panel construction
• Retaining walls
• Concrete pavement and sidewalks
• Decorative and stamped concrete
• Residential concrete (driveways, patios, walkways)

Underground Utilities

• Sanitary sewer systems
• Waterline installation
• Storm sewer systems
• Trench drains

Estimates and Quotes

All estimates and quotes provided through our website, phone, email, or in-person consultations are preliminary and non-binding unless expressly stated otherwise in writing. Estimates are subject to change based on:

• Actual site conditions discovered upon detailed inspection
• Changes in material costs or availability
• Modifications to project scope or specifications
• Permit requirements and regulatory compliance needs
• Soil conditions, groundwater, or other subsurface factors
• Access limitations or site constraints
• Unforeseen circumstances or hidden conditions

A formal written contract will detail the exact scope of work, pricing, payment terms, timeline, and conditions before any project begins. Estimates are typically valid for 30 days unless otherwise specified.

Project Contracts

Contract Requirements

All concrete and construction work requires a signed written contract before work commences. The contract will specify:

• Detailed scope of work and specifications
• Materials to be used (type, grade, and quantity)
• Project timeline, milestones, and completion date
• Total contract price and payment schedule
• Warranty terms and conditions
• Insurance and liability provisions
• Change order procedures
• Dispute resolution process

Deposits and Payment Terms

Payment terms are outlined in each project contract. Standard terms typically include:

• Deposit: A deposit (typically 25-50% depending on project size) is required to secure scheduling and order materials
• Progress Payments: For larger projects, progress payments may be required at defined milestones
• Final Payment: Balance is due upon substantial completion and final inspection
• Late Payments: Late payments may be subject to interest charges as specified in the contract

We accept payment by check, ACH transfer, and major credit cards. Payment terms are subject to credit approval for commercial accounts.

Change Orders

Any modifications to the agreed scope of work must be documented through a written change order signed by both parties. Change orders will specify:

• Description of the changed work
• Impact on project price (additions or deductions)
• Impact on project schedule
• Any modified terms or conditions

Work outside the original scope will not be performed without an approved change order. Verbal agreements to change work are not binding.

Licensing, Insurance, and Compliance

Balderas Concrete maintains all required licenses, insurance, and certifications to perform construction work in the State of Texas:

• General liability insurance
• Workers' compensation insurance
• Commercial auto insurance
• Compliance with OSHA safety standards
• Adherence to local building codes and regulations

Certificates of insurance are available upon request. Insurance coverage limits will be specified in your project contract.

Warranty

We stand behind our workmanship and provide warranty coverage as detailed in your project contract. Standard warranty terms include:

• Workmanship Warranty: Coverage for defects in workmanship for a specified period (typically 1-2 years depending on project type)
• Materials: Manufacturer warranties apply to materials and are passed through to the customer

Warranty Exclusions

Warranty coverage does not extend to:

• Normal wear and tear or weathering
• Hairline cracks due to normal concrete curing and settling
• Damage caused by third parties, vehicles, or equipment
• Damage from natural disasters, flooding, or acts of God
• Issues arising from improper maintenance or neglect
• Alterations or repairs performed by others
• Damage from chemical exposure or improper use of deicing agents
• Settlement or movement due to soil conditions beyond our control
• Color variations, which are natural in concrete

Warranty Claims

To make a warranty claim, contact us promptly upon discovering an issue. We will inspect the work and, if covered under warranty, make necessary repairs at no additional cost. Failure to report issues in a timely manner may void warranty coverage.

Customer Responsibilities

Customers are responsible for:

• Providing accurate and complete information about project requirements
• Ensuring clear, safe access to the work area for equipment and personnel
• Obtaining necessary permits and approvals (unless specifically agreed that Contractor will obtain permits)
• Calling 811 or local utility locator services to mark underground utilities before excavation work begins
• Disclosing known site conditions, including buried structures or hazards
• Providing timely decisions, approvals, and access for inspections
• Making payments according to the agreed schedule
• Maintaining completed work according to provided care instructions
• Keeping the work area clear of vehicles and obstructions during curing

Limitations of Liability

To the fullest extent permitted by Texas law, Balderas Concrete shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, or business opportunities
• Delays caused by weather, material shortages, labor disputes, or circumstances beyond our reasonable control
• Damage to underground utilities, pipes, or structures not properly marked or disclosed
• Pre-existing conditions or defects not disclosed prior to work
• Damage caused by settlement, soil conditions, or drainage issues
• Work performed by other contractors on or adjacent to our work

Our total liability for any claim arising from our services shall not exceed the total amount paid for the specific work giving rise to the claim.

Force Majeure

We shall not be liable for delays or failure to perform due to causes beyond our reasonable control, including but not limited to:

• Severe weather, hurricanes, tropical storms, or flooding
• Acts of God or natural disasters
• Pandemics, epidemics, or public health emergencies
• Material shortages or supply chain disruptions
• Labor strikes or work stoppages
• Government actions, regulations, or permit delays
• Utility failures or infrastructure issues
• Civil unrest or acts of terrorism

In such events, project timelines will be extended accordingly, and we will communicate promptly about any anticipated delays.

Indemnification

You agree to indemnify, defend, and hold harmless Balderas Concrete, its owners, employees, and subcontractors from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your breach of these Terms or any project contract
• Your violation of any applicable law or regulation
• Your failure to fulfill your responsibilities as outlined herein
• Inaccurate or incomplete information you provide
• Claims by third parties arising from your actions or omissions

Website Terms of Use

Intellectual Property

All content on our website, including text, images, logos, graphics, photographs of our work, and designs, is the property of Balderas Concrete and is protected by copyright and trademark laws. You may not:

• Reproduce, distribute, or modify our content without permission
• Use our images or content for commercial purposes
• Remove or alter any copyright or trademark notices

Prohibited Conduct

When using our website, you agree not to:

• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems or data
• Use automated systems, bots, or scrapers to collect information
• Engage in any activity that disrupts or interferes with our services
• Transmit viruses, malware, or other harmful code
• Impersonate any person or entity

Disclaimer of Warranties

Our website is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved as follows:

1. Good Faith Negotiation: The parties shall first attempt to resolve disputes through direct communication and good faith negotiation.
2. Mediation: If negotiation fails, disputes shall be submitted to non-binding mediation in Harris County, Texas.
3. Litigation: If mediation is unsuccessful, disputes may be resolved through the courts of Harris County, Texas, or as otherwise specified in the project contract.

You agree that any claim must be brought within one (1) year after the cause of action arises.

Governing Law

These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website with an updated "Last updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any signed project contracts, constitute the entire agreement between you and Balderas Concrete regarding the use of our website. In the event of a conflict between these Terms and a signed project contract, the project contract shall prevail for matters relating to that specific project.

Contact Information

For questions about these Terms of Service or our services, please contact us: