Terms of Service

Agreement and Acceptance

These Terms of Service govern your use of the Daydream Design and Build website and the relationship between Daydream Design and Build ("Daydream," "we," "us") and the residential homeowners and contractors ("you") who engage us for design and construction projects. By using this website or entering into an agreement with us, you agree to these terms.

Scope of Services

Daydream provides residential and commercial outdoor living design and construction services, including landscape design, hardscape, pools, outdoor structures, and natural stone sourcing and fabrication. The scope of any project is defined in a mutually agreed written contract. Work not described in that contract is not included.

Proposals, Estimates, and Pricing

Proposals and estimates are valid for thirty (30) days from the date issued unless stated otherwise, and are not a binding contract until accepted in writing by both parties. Estimates may include allowances for items not yet selected. If your selections exceed an allowance, the difference is added by change order. Pricing shown on this website or in marketing materials is illustrative and is not a quote.

Project Initiation

A project begins when the contract is signed and any required deposit or upfront payment is received. You agree to provide accurate and complete information needed for the project, including property details, conditions you are aware of, and any homeowners association or architectural review requirements.

Payments

Payment amounts and schedules are set in the contract, and you agree to pay according to that schedule. Invoices are due on receipt unless stated otherwise. Payments more than ten (10) days late may accrue interest at 1.5% per month, or the maximum rate allowed by Georgia law, whichever is lower. We may suspend work until your account is current, and a suspension for non-payment extends the schedule and is not a breach by Daydream. A fee of $35 applies to any returned or failed payment.

Materials, Allowances, and Price Changes

Material pricing is based on supplier costs at the time of the proposal. Because we source natural stone and other materials from domestic and international suppliers, costs and lead times can change. If a supplier raises the price of a specified material, or if tariffs, freight, or availability change materially between proposal and order, the difference may be passed through by change order with documentation. We will notify you before incurring a material increase where practical.

Natural Stone and Material Variation

Natural stone, including the limestone we source and fabricate, varies in color, veining, tone, texture, and finish from piece to piece and from samples. This variation is an inherent characteristic of natural material and is not a defect. Natural stone may also show efflorescence, develop a patina, or move and weather over time. Samples, renderings, and photographs are representative, not exact. Normal hand and machine fabrication tolerances apply.

Permits, Codes, and Approvals

Unless the contract states otherwise, Daydream obtains the building permits required for the contracted work, performed to the local building codes in effect at permit issuance. You are responsible for obtaining and complying with any homeowners association, architectural review, deed, or community approvals, and for disclosing private restrictions affecting the property.

Site Access and Conditions

You agree to provide safe and timely access to the property for surveys, deliveries, and construction, and reasonable access to water and power. You are responsible for marking or disclosing private utilities, irrigation, septic systems, and other concealed improvements that the public utility locate service does not mark. Concealed or unknown conditions, such as rock, a high water table, buried debris, poor soil, or undisclosed utilities, are not included in the contract price and are handled by change order.

Subcontractors

Daydream performs work through qualified subcontractors and suppliers and may assign any portion of the work to them. Daydream remains your point of contact and coordinates the contracted work.

Change Orders

Any change to the scope, materials, or schedule must be documented in a written change order signed by both parties before the changed work proceeds, except where an immediate change is required for safety or code compliance. A change order may adjust both the price and the schedule.

Scheduling, Delays, and Force Majeure

Project schedules are good faith estimates. Outdoor construction, concrete, and pool work are affected by weather, ground conditions, inspections, and material lead times. Daydream is not liable for delays beyond its reasonable control, including weather, labor or material shortages, supplier delays, permitting or inspection delays, utility companies, acts of God, or your delay in selections, approvals, or payments. These events extend the schedule by the time lost.

Homeowner Responsibilities

• Provide access to the property for surveys, deliveries, and construction.
• Communicate preferences, selections, concerns, and changes promptly, and in writing where required.
• Obtain homeowners association and community approvals and disclose private restrictions and known concealed conditions.
• Keep children, pets, and others away from the active work area.
• Adhere to the payment schedule in the contract.

Contractor Responsibilities

• Perform the contracted work in a professional manner consistent with industry standards.
• Comply with applicable building codes and permit requirements for the contracted work.
• Maintain the insurance described in these terms.
• Communicate potential issues, delays, or conditions affecting the work promptly.
• Address valid punch list items identified at completion within a reasonable time.

Completion, Inspection, and Acceptance

Substantial completion occurs when the contracted work is sufficiently complete for its intended use, even if minor punch list items remain. On substantial completion you will have a reasonable period to inspect the work and provide a written punch list, and we will address valid items within a reasonable time. Use of the completed work, or failure to provide a written punch list within the inspection period, constitutes acceptance. Final payment is due on substantial completion and acceptance, less any agreed retainage for punch list items.

Warranty

Daydream warrants that contracted workmanship will meet industry standards and be free from defects in workmanship for one (1) year from substantial completion, unless the contract states a different period. Manufacturer and supplier warranties on materials and equipment, such as pumps, heaters, lighting, and stone, are passed through to you and are not enlarged by this warranty.

This warranty does not cover normal wear, weathering, fading, patina, or natural material variation; hairline cracks, minor settling, shrinkage, or movement normal to concrete, masonry, plaster, and soil; damage from ground movement, erosion, drainage you control, freeze and thaw, or extreme weather; damage from misuse, neglect, lack of maintenance, improper water chemistry, or work performed by others; owner-supplied materials; or conditions beyond our reasonable control. Warranty service requires that your account is paid in full.

Pool and Water Feature Safety and Maintenance

Pools, spas, and water features carry inherent risks, including the risk of drowning and injury. After the safety features in the contract are installed, you are responsible for installing and maintaining required safety barriers, fences, gates, alarms, and compliant drain covers, for complying with applicable pool safety laws, and for the safe use and supervision of the pool and water features.

Proper water chemistry and routine maintenance are your responsibility from the time the pool is filled. Improper water chemistry, inadequate maintenance, or running equipment incorrectly can damage plaster, finishes, stone, tile, and equipment, and voids the related warranty. We will provide startup and maintenance guidance on request.

Insurance

Daydream and its subcontractors maintain liability and, where required, workers' compensation insurance for the contracted work. Certificates of insurance are available on request. You are responsible for maintaining homeowner's or property insurance on your property and improvements during and after construction.

Georgia Lien Rights

Under Georgia law, contractors, subcontractors, and suppliers who furnish labor or materials to improve real property may have the right to file a lien against the property if they are not paid, even if you have already paid Daydream. Georgia law provides procedures, including statutory lien waivers, to protect you, and we will provide lien waivers consistent with Georgia statute as payments are made. This paragraph is a general summary and not a complete statement of your rights under Georgia's lien laws.

Limitation of Liability

To the fullest extent permitted by law, Daydream's total liability arising out of or relating to a project is limited to the amount you paid for the work giving rise to the claim. Daydream is not liable for indirect, incidental, consequential, special, or punitive damages, including loss of use, loss of enjoyment, or diminution in value. Nothing in these terms limits liability that cannot be limited by law.

Indemnification

Each party agrees to indemnify and hold the other harmless from third party claims arising from its own negligence or breach of these terms, to the extent permitted by law.

Intellectual Property

All designs, drawings, renderings, 3D models, plans, and specifications prepared by Daydream remain our property until fully paid for, and the underlying design and creative work remain our intellectual property at all times. On full payment for design services, you receive a license to use the deliverables to build and maintain your own project. You may not reuse, resell, or provide our designs to another contractor to bid or build the project. All content on this website, including text, images, graphics, and branding, is owned by Daydream and may not be copied or used without permission.

Photography and Marketing

Daydream may photograph and document completed projects and use those images in its portfolio, website, and marketing, without disclosing your address or identifying information unless you agree. You may opt out of marketing use by notifying us in writing before completion.

Termination

Either party may terminate a contract with written notice if the other materially breaches and fails to cure the breach within ten (10) days of written notice. You may also terminate for convenience with written notice, in which case you agree to pay for all work performed, materials ordered or delivered, non-cancellable supplier commitments, restocking charges, and reasonable demobilization costs through the termination date. Termination does not relieve either party of obligations incurred before termination.

Dispute Resolution and Governing Law

These terms and any project are governed by the laws of the State of Georgia, without regard to its conflict of law rules. The parties agree to first attempt to resolve any dispute through good faith negotiation, then through mediation, before pursuing other remedies. Any legal action is brought in the state or federal courts located in Gordon County, Georgia. The prevailing party is entitled to recover reasonable attorney's fees and costs to the extent permitted by law.

General Provisions

These terms, together with the signed proposal, contract, and change orders, are the entire agreement between the parties and supersede prior discussions. They may be amended only in writing. If any provision is found unenforceable, the remaining provisions stay in effect. You may not assign a contract without our written consent. Notices must be in writing and sent to the contact addresses in the contract. You consent to receive communications, contracts, and notices electronically. Section headings are for convenience only.

Changes to These Terms

We may update these Terms of Service at any time. Changes are effective when posted on this website. The terms in effect when you sign a contract apply to that project.

Contact

Questions about these Terms of Service can be sent to [email protected].