General Terms
These Terms & Conditions apply to all consulting, abatement, remediation, documentation, filings, and related services provided by Key Construction Mgt LLC, also DBA “Key Construction, Restoration, and Environmental Hazard Cleaning” referred to as “Key Construction” going forward.
All phone communications may be recorded and used as evidence in any dispute or legal proceeding to the fullest extent permitted by law.
Payment, scheduling, authorization of work, or receipt of services constitutes full acceptance of the Terms & Conditions.
Lead Abatement Services
Scope of Work
Key Construction will perform lead abatement services only in the specific areas and using the methods described in the written proposal, contract, or work authorization.
Services provided by Key Construction are strictly limited to the areas, components, and methods specifically identified in the written proposal, estimate, or contract.
Any additional work, changes, or services not listed in the proposal shall be considered outside the scope and will require additional charges to be paid at the time of the change of work order.
Discovery of hidden conditions, additional lead hazards, deteriorated substrates, or agency-required corrections may result in additional costs.
Regulatory Compliance
All work will be performed in accordance with applicable federal, New York State, and New York City regulations governing lead abatement, including but not limited to rules from:
- NYC Department of Housing Preservation and Development (HPD)
• NYC Department of Health (DOHMH)
• EPA Renovation, Repair and Painting (RRP) Rule where applicable
• NYS Department of Labor
Key Construction does not control government agencies and does not guarantee:
• HPD clearance
• Dismissal of violations
• Agency approval
• Timelines for agency processing
Occupant & Tenant Responsibilities
Where the property is occupied, the owner or client is responsible for:
- Properly relocating occupants if required
• Securing pets
• Removing furniture and personal belongings from work areas
• Providing access to all required surfaces
Key Construction is not responsible for tenant non-compliance, interference, or refusal of entry.
Any delays caused by occupants may result in additional charges.
Access & Worksite Conditions
The client must provide safe and uninterrupted access to the property during normal working hours.
Key Construction shall not be responsible for delays, failed inspections, or additional costs caused by:
- Lack of access
• Utilities not being available
• Unsafe working conditions
• Occupants entering containment areas
• Other contractors or trades interfering with work
If the site is deemed unsafe or unworkable, work may be suspended until conditions are corrected.
Clearance Testing
Unless otherwise specified in writing:
- Clearance testing will be conducted by an independent third-party inspector or laboratory.
• Key Construction has no control over sampling methods, lab analysis, or results.
• Failed clearance tests caused by conditions outside the contracted scope may require additional cleaning, repairs, or abatement at additional cost.
Examples include but are not limited to:
• Contaminated areas outside the work scope
• Tenant belongings
• HVAC contamination
• Adjacent construction
• Re-contamination by occupants
Dust, Debris, and Pre-Existing Conditions
Key Construction is not responsible for lead dust, paint, or contamination that existed prior to the start of work outside the contracted work areas.
Pre-existing building conditions, including deteriorated plaster, hidden layers of paint, structural issues, or improper prior renovations may require additional work.
No Guarantee
Lead abatement reduces or controls lead hazards within the defined work scope only.
Key Construction does not guarantee that:
• All lead paint has been removed
• Future testing will not detect lead
• New violations will not be issued by agencies
Change Orders
Any changes to the original scope of work must be approved in writing.
Additional work will be billed at current labor, material, and equipment rates.
Payment Terms
Payments are due as outlined in the contract or invoice.
Failure to make payments may result in suspension of work, delays in project completion, and additional fees.
The Client remains fully responsible for payment of all services provided by Key Construction, regardless of insurance coverage, tenant disputes, government agency actions, or third-party delays.
Payment is due immediately upon completion of the work, unless otherwise stated in writing.
Any unpaid balance remaining more than thirty (30) days after the invoice date will accrue a late fee of 1% per month (12% annually) or the maximum amount permitted by law, whichever is less.
If the Client prevents, delays, or refuses to allow Key Construction to complete the contracted work after the project has commenced, the full contract balance shall become immediately due and payable.
If the Client believes that any portion of the work has not been completed in accordance with this agreement, the Client must notify Key Construction in writing. Key Construction shall be given a reasonable opportunity to inspect and correct the issue before any claim, withholding of payment, or third-party remediation is pursued.
Mechanic’s Lien
To secure payment for services, materials, or labor provided under this agreement, Key Construction reserves the right to file a Mechanic’s Lien against the property worked upon, to the extent permitted by New York State law.
The Client agrees that such lien rights may be exercised without further consent and that the lien may be enforced to recover the full unpaid balance, plus applicable interest, fees, and costs.
Attorney’s Fees
In the event that legal action is required to collect any unpaid amounts or enforce any provision of this agreement, the prevailing party shall be entitled to recover all reasonable attorney’s fees, court costs, and other expenses incurred, in addition to any amounts owed under this agreement.
Indemnification
The client agrees to indemnify and hold harmless Key Construction from claims, damages, fines, or penalties arising from:
• Pre-existing property conditions
• Tenant actions
• Failure to disclose known hazards
• Violations unrelated to the contracted scope
Limitation of Liability
To the fullest extent permitted by law, the total liability of Key Construction for any claim relating to services performed shall be limited to the total amount paid for the specific services rendered.
Key Construction shall not be liable for:
• Indirect damages
• Lost rent
• Relocation costs
• Business interruption
• Consequential damages
Mold Remediation Services
Scope of Work
Key Construction will perform mold remediation services only as described in the written estimate or contract.
Services do not include construction, plumbing repairs, roof repairs, HVAC work, leak detection, or rebuilding unless specifically listed in writing.
Source of Moisture
Mold is caused by moisture. The client is solely responsible for identifying and correcting all sources of water intrusion, humidity, or leaks.
Key Construction is not responsible for diagnosing or repairing moisture problems unless specifically contracted to do so.
Clearance & Testing
If post-remediation verification or clearance testing is performed, it will typically be conducted by an independent third party.
Key Construction does not control the testing process or the results.
No Guarantee Against Mold Return
Because mold growth is dependent on moisture conditions, Key Construction cannot and does not guarantee that mold will not return.
If visible mold remains following completion of work, the client must notify Key Construction in writing within 24 hours and provide photographs.
Hidden Mold
Mold may exist inside walls, ceilings, crawlspaces, HVAC systems, or other concealed spaces not included in the project scope.
Key Construction is not responsible for mold discovered after the completion of work in areas outside the agreed scope.
Health Disclaimer
Key Construction does not provide medical advice or health evaluations regarding mold exposure.
Any medical concerns should be addressed with a licensed physician or health professional.
Limitation of Liability
Key Construction shall not be responsible for:
- Pre-existing contamination
• Hidden mold
• Structural damage
• Health claims
• Moisture problems
Total liability is limited to the amount paid for the services performed.
Force Majeure
Key Construction shall not be responsible for delays caused by events beyond its control, including but not limited to:
• Government actions
• Weather
• Utility outages
• Labor shortages
• Material shortages
• Site access restrictions