1. Acceptance of These Terms
Welcome to the website of Skytta Construction LLC. These Terms of Service set out the rules that apply when you browse this website, submit an enquiry through it, or engage the practice for construction and project delivery services. By accessing the website or instructing the practice, you confirm that you accept these terms and that you agree to comply with them.
If you do not accept these terms, please do not use the website and do not engage the practice. If you are accepting on behalf of a company or another organisation, you confirm that you have authority to bind that organisation to these terms.
These terms should be read together with our Privacy Policy, which explains how personal information is handled, and with any project specific contract, order or proposal that the practice issues. Where there is a conflict between these terms and a signed project contract, the project contract prevails for that project.
We may update these terms from time to time as described in the section on changes. The version that applies to your use is the version published on the website at the time of use.
2. Who These Terms Are With
These terms are made between you and Skytta Construction LLC, a construction and computer integrated systems design practice operating from the following address:
275 E 1950 S
Bountiful - 84010-5423
United States (US)
You can contact the practice by email at estimates@skyttaconstruction.buzz or by telephone at +85263046368. References in these terms to we, us and our mean Skytta Construction LLC. References to you mean the person or organisation using the website or engaging the practice.
Nothing in these terms creates a partnership, joint venture, agency or employment relationship between you and the practice. Neither party has authority to bind the other except as expressly agreed in a project contract or order.
3. Use of the Website
You may use this website for lawful purposes only. You agree not to use the website in any way that breaches applicable law, that interferes with its normal operation, or that attempts to gain unauthorised access to any part of the site or its supporting systems.
Specifically, you agree not to introduce viruses or other harmful material, not to use automated tools to scrape or overload the site, not to attempt to reverse engineer any part of the site, and not to use the site to send unsolicited commercial communications. We reserve the right to block access where we believe a user is abusing the service.
We aim to keep the website available at all times, but we do not guarantee uninterrupted access. The site may be unavailable during maintenance, updates or events outside our control. We may change, suspend or withdraw any part of the website without notice.
4. Website Content and Accuracy
The content on this website is provided for general information about the practice and its services. It describes the kind of work we undertake and the way we approach delivery, but it is not a substitute for a project specific proposal, specification or contract.
We take care to keep the information accurate and up to date, but we do not warrant that every statement is complete, current or free from error. Descriptions of services are illustrative and the precise scope of any engagement is agreed in writing for each project.
Any dimensions, areas, capacities or performance figures shown on the website are indicative only and must not be relied upon for design, construction or regulatory purposes. Always confirm project specific data against the issued drawing set and specification.
The website may contain links to third party resources. Those links are provided for convenience and do not imply endorsement. We are not responsible for the content or availability of external sites.
5. Enquiries and Estimates
Submitting an enquiry through the website or by email does not create a contract. It is an invitation for the practice to consider the request and, where appropriate, to prepare an estimate or proposal. We may decline an enquiry for any lawful reason, including where the request falls outside our services or where we lack capacity.
Estimates and proposals are prepared on the basis of the information available at the time. They may be subject to assumptions, exclusions and qualifications, which are stated in the document. An estimate is valid for the period stated in it, after which prices and availability may change.
Where an estimate depends on measured survey data, we may recommend a survey visit before the price is fixed. Any figure provided before such a visit is indicative and may be adjusted once the site has been measured.
6. Formation of a Contract
A contract between you and the practice is formed only when both parties have agreed the scope, the price and the programme in writing. This may take the form of a signed proposal, a purchase order accepted by the practice, or a formal construction contract. Until that point, no contractual obligation arises on either side.
Where work is required urgently and no formal document has yet been signed, the practice may begin preparatory work at your written request. Such work is undertaken on the basis of these terms and any agreed rates, and the full contract is expected to follow promptly.
Any terms you seek to impose, including terms printed on a purchase order or referenced in correspondence, apply only if we expressly accept them in writing. Otherwise these terms and the agreed project documents govern the relationship.
7. Scope of Services
The practice provides construction and project delivery services including design-build delivery, ground-up commercial construction, structural retrofit and reinforcement, interior fit-out programmes, site development and utilities, and owner representation services.
The scope of a particular engagement is defined in the project documents. Work that is not described in those documents is not included, even where it may appear necessary or desirable. Where you ask us to carry out additional work, we will confirm the effect on price and programme before proceeding.
We deliver services with the reasonable skill and care expected of a competent construction practice. We do not guarantee any particular commercial outcome, planning result or third party approval, since these depend on bodies and factors outside our control.
8. Client Responsibilities
The success of a construction project depends on cooperation between the client and the delivery team. You agree to provide accurate information, to respond to requests within reasonable timescales, and to make decisions promptly so that the programme can proceed.
- Provide accurate site information, title details and existing drawings.
- Obtain any consents, permissions or third party approvals required for the work.
- Ensure that access to the site is available as agreed in the programme.
- Appoint any separate consultants or contractors clearly and coordinate their interfaces.
- Pay invoices in accordance with the agreed payment terms.
- Nominate a single point of contact with authority to give instructions.
Where a delay or additional cost arises because information, access or a decision is not provided as agreed, the practice may adjust the programme and the price accordingly. We will notify you promptly if we become aware of such an issue.
9. Pricing and Payment
Prices are stated in the project documents and may be prepared as a lump sum, a measured schedule of rates, a cost plus arrangement or a target cost. The basis of pricing is confirmed before work begins so that both parties understand how the final amount will be calculated.
Unless stated otherwise, prices exclude taxes, statutory fees, utility charges and any items listed as exclusions. Invoices are issued at the intervals set out in the project documents and are payable within the stated period. Where payment is delayed, the practice may charge interest and suspend work in accordance with the contract and applicable law.
Where a price is subject to fluctuation, for example because of material costs, the mechanism for adjustment is described in the project documents. We will provide supporting records for any adjustment on request.
10. Variations and Changes
Construction projects rarely proceed without change. A variation may arise from a client instruction, a design development, a site condition or a regulatory requirement. Whatever its source, every variation is recorded, priced and confirmed in writing before it is carried out wherever practicable.
Where a variation must be implemented urgently to protect safety, programme or property, the practice may proceed and confirm the cost afterwards. We will notify you as soon as reasonably possible and provide the supporting assessment.
Verbal instructions are not binding unless confirmed in writing. Please ensure that any instruction given on site is followed up in writing so that it can be properly recorded and priced.
11. Programme and Delays
The programme sets out the intended sequence and duration of the work. It is prepared using the information available at the time and is subject to adjustment as the project develops. Dates in the programme are targets unless a specific date is expressly agreed as a contractual milestone.
The practice is not responsible for delay caused by matters outside its reasonable control, including adverse weather, supply chain disruption, industrial action, statutory approval delays, utility failures, or acts of a client or another contractor. Where such an event occurs, the programme and any affected costs will be adjusted fairly.
Where the practice causes delay through its own default, its liability is limited as described in the section on limitation of liability. We will always work to mitigate delay and to keep you informed of its likely effect.
12. Site Access and Safety
Construction sites are hazardous environments. Access is restricted to authorised persons who have completed the relevant induction and who comply with the site safety rules. Visitors must report to the site office, wear the required protective equipment and follow the instructions of the site manager at all times.
The practice maintains health and safety arrangements appropriate to the work and coordinates them with the client and other parties on site. Where the practice is the principal contractor, it will prepare and maintain the required construction phase plan and welfare arrangements.
You agree to inform us of any known hazard, hazardous material or restriction affecting the site, including the presence of asbestos, contaminated ground or live services. Undisclosed hazards can endanger the workforce and may lead to additional cost and delay.
13. Subcontracting and Suppliers
The practice may subcontract parts of the work to specialist trades and may procure materials from third party suppliers. We remain responsible for the work we subcontract to the same standard as work carried out directly, and we select subcontractors with care.
Subcontractors and suppliers are engaged on terms that reflect the obligations we owe to you, including confidentiality, insurance and quality requirements. Where you nominate a particular subcontractor or supplier, responsibility for their performance is allocated in the project documents.
Material availability may affect the programme. Where a specified product becomes unavailable, we will propose a suitable equivalent for your approval and confirm any cost or programme effect.
14. Quality and Defects
The practice aims to deliver work that conforms to the specification and to good industry practice. We inspect work as it proceeds, record dimensional checks and address any non conformity promptly, so that defects are resolved before they are covered up or handed over.
On completion, the work is inspected and any outstanding items are listed. Those items are rectified within an agreed period. A defects liability period then applies, during which we return to remedy any defect that arises from our workmanship or materials.
The defects liability period does not cover damage caused by misuse, neglect, alteration by others, normal wear and tear, or failure of a client maintained system. Where a reported defect falls outside our responsibility, we will explain why and may offer to remedy it as a variation.
15. Intellectual Property
All content on this website, including text, layout, graphics and code, is owned by or licensed to Skytta Construction LLC and is protected by applicable intellectual property law. You may view and print pages for your own reference, but you may not reproduce, republish or distribute the content for commercial purposes without written permission.
Drawings, models, specifications and reports prepared by the practice for a project remain our intellectual property unless the project documents state otherwise. A licence to use those documents for the specific project is granted to the client on payment of the relevant fees.
Documents prepared by the practice must not be used on another site or for another project without written agreement, because design work is specific to the conditions it was prepared for. Unauthorised reuse can create safety risks for which we cannot accept responsibility.
16. Confidentiality
Each party may receive confidential information from the other in the course of a project. This may include commercial terms, design information, client requirements and technical data. Each party agrees to keep such information confidential and to use it only for the purposes of the project.
Confidentiality obligations do not apply to information that is already public, that becomes public without breach of these terms, that is independently developed, or that must be disclosed by law or by a regulatory authority. Where disclosure is required, the disclosing party will give notice where lawful so that protective steps can be considered.
These obligations continue after the project ends and after any contract between the parties is terminated. On request, confidential material is returned or securely destroyed, subject to any legal duty to retain records.
17. Limitation of Liability
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.
Subject to that, the practice is not liable for indirect or consequential loss, including loss of profit, loss of business, loss of opportunity or loss of data. Our total liability arising from a project is limited to the amount stated in the project contract or, where no amount is stated, to the fees paid for the services concerned.
The practice is not liable for loss caused by information supplied by others, by the acts or omissions of other contractors, or by events outside our reasonable control. Any claim should be notified promptly so that it can be investigated while the relevant records and personnel are available.
18. Indemnity
You agree to indemnify the practice against claims, losses and reasonable costs arising from information you supply that is inaccurate or incomplete, from your failure to obtain a necessary consent or approval, from hazardous conditions on your site that were not disclosed, or from a breach of these terms by you.
The practice agrees to indemnify you against claims arising from its own negligence or breach of contract, subject to the limitations set out in these terms. Each party will notify the other promptly of any claim that may trigger an indemnity and will cooperate in the defence of that claim.
Where a claim arises partly from the conduct of each party, responsibility is apportioned according to the degree of fault, and any indemnity is reduced accordingly.
19. Suspension and Termination
The practice may suspend work if payment is not received when due, if a site condition endangers the workforce, or if a legal or regulatory requirement prevents the work from continuing. We will give notice where practicable and will resume work once the issue is resolved.
Either party may terminate a project in accordance with the termination provisions of the project contract. On termination, the practice is entitled to payment for work properly carried out, for materials ordered, and for any reasonable costs incurred as a result of the termination.
Sections covering confidentiality, intellectual property, liability, indemnity and governing law survive termination and continue to bind the parties.
20. Third Party Links and Content
This website may link to external resources such as mapping services, regulatory bodies or supplier catalogues. Such links are provided for convenience only. The practice does not control those resources and is not responsible for their content, accuracy or availability.
Where third party content is displayed on the site, it is provided as received and does not necessarily represent the views of the practice. Any dealings you have with a third party through a link are solely between you and that third party.
We encourage you to review the terms and privacy information of any external site you visit.
21. Governing Law and Disputes
These terms and any dispute arising from them are governed by the laws applicable at the practice address in the United States (US), unless a project contract specifies a different governing law.
The parties agree to attempt to resolve any dispute through good faith discussion before commencing formal proceedings. Either party may invite the other to a structured negotiation, and both parties will provide the information reasonably required to resolve the matter.
If a dispute cannot be resolved by discussion, it may be referred to mediation or to the courts or tribunal identified in the project contract. Nothing in this section prevents either party from seeking urgent relief to protect property, safety or confidential information.
22. Changes to These Terms
The practice may update these Terms of Service from time to time to reflect changes in its services, its practices or the law. The updated version is published on this page with a revised effective date.
Changes apply to use of the website and to new engagements from the date of publication. An engagement already under way continues to be governed by the terms agreed at the outset, unless both parties agree otherwise in writing.
We encourage you to review this page periodically. If you do not accept an update, you should stop using the website and discuss any concern with us directly in relation to an ongoing project.
23. How to Contact Us
If you have any question about these Terms of Service, please contact Skytta Construction LLC using the details below. The estimate desk will route your enquiry to the appropriate member of the team.
275 E 1950 S
Bountiful - 84010-5423
United States (US)
Email: estimates@skyttaconstruction.buzz
Telephone: +85263046368
We value clear communication and will respond to contractual and commercial questions promptly, so that projects can proceed on a sound and well understood footing.