1. About These Terms
These Terms and Conditions apply to services provided by Central Indiana Boring Contractors, LLC (“CIBC,” “Contractor,” “we,” “us,” or “our”), located at 11494 East 300 North, Sheridan, Indiana 46069. A customer accepts these terms by signing or electronically approving a proposal, estimate, work order, or other agreement that incorporates or links to them. Visiting this website alone does not create a construction contract.
2. Estimates and Project Documents
Unless a proposal states otherwise, estimates are valid for 90 days and are based on the information reasonably available when prepared. The approved proposal, plans, specifications, written change orders, and these terms make up the parties’ agreement. Descriptions and quantities identified as allowances or estimates may be adjusted to reflect actual conditions, quantities, or approved changes.
3. Scope of Work
CIBC will perform the work described in the approved project documents in a professional manner consistent with generally accepted industry practices. Work not expressly included is excluded. Engineering, surveying, permits, inspections, utility-company charges, connection or tap fees, testing, restoration, landscaping, paving, traffic control, bonds, and similar items are included only when specifically stated in writing.
4. Deposits, Scheduling, and Cancellation
Unless the proposal states otherwise, a deposit equal to 30% of the contract price is due upon acceptance and will be applied to the contract price. Scheduling is not guaranteed until the required deposit and requested project information have been received.
If the customer cancels, the customer is responsible for labor performed, materials ordered or delivered, equipment and mobilization charges, permit or administrative costs, restocking or cancellation charges, and other costs reasonably incurred for the project. Any unused portion of the deposit remaining after those charges will be refunded. If a federal or Indiana right to cancel applies to a residential transaction, the customer will receive any separate cancellation notice required by law, and nothing in these terms waives that right.
5. Payment
Progress payments and final payment are due according to the approved proposal. When no different schedule is stated, the remaining balance is due immediately upon substantial completion of CIBC’s work. A good-faith dispute concerning a specific item does not excuse timely payment of undisputed amounts.
Past-due balances may accrue a service charge of 1.5% per month or the maximum amount permitted by law, whichever is less, plus reasonable collection costs when permitted by law. Any credit-card convenience fee will be disclosed before payment and charged only when permitted by applicable law and payment-network rules. CIBC reserves all lawful payment and lien rights.
6. Customer Responsibilities
The customer will provide safe and timely access to the work area; disclose known easements, restrictions, hazards, subsurface conditions, and private facilities; secure owner, association, or third-party approvals assigned to the customer; and keep people, pets, vehicles, and personal property away from active work areas. The customer is responsible for the accuracy of plans, elevations, grades, utility information, and other information supplied by or on behalf of the customer.
7. Engineering, Design, and Project Management
Unless CIBC is separately retained in writing to provide a specific professional service that it is legally authorized to perform, CIBC acts as a construction contractor and not as the project engineer, architect, surveyor, geotechnical consultant, utility designer, code consultant, or construction manager. The customer is responsible for retaining qualified professionals when engineering, surveying, testing, design, permitting, hydraulic analysis, geotechnical evaluation, or construction management is required.
CIBC may rely on plans, specifications, calculations, grades, invert elevations, benchmarks, surveys, staking, utility information, soil information, permits, instructions, and approvals furnished by the customer, owner, engineer, utility, municipality, or other third party. CIBC is not responsible for loss, delay, rework, failure, insufficient flow or capacity, improper slope, code noncompliance, or other consequences caused by errors, omissions, conflicts, or deficiencies in information or management supplied by others. CIBC’s review, field observation, question, suggestion, or performance of work does not approve the design or transfer professional responsibility to CIBC.
If CIBC discovers an apparent conflict or condition that reasonably calls the supplied information into question, it may suspend the affected work and request clarification, revised documents, additional investigation, or written direction. Standby time, remobilization, potholing, investigation, redesign by others, and resulting changes are additional work unless caused solely by CIBC’s failure to follow the approved project documents.
8. Underground Utilities
CIBC will request and comply with Indiana 811 public-utility locates as required by law and will use reasonable care near properly marked facilities. Indiana 811 does not ordinarily locate private or customer-owned facilities. The customer must identify and accurately mark private electric, water, sewer, irrigation, drainage, propane, communication, invisible-fence, and similar facilities before work begins.
CIBC is not responsible for damage, delay, or additional cost caused by facilities that are unmarked, incorrectly marked, inaccurately represented, or not reasonably discoverable, except to the extent caused by CIBC’s negligence or failure to comply with applicable law. CIBC may suspend work when an unknown, unmarked, or conflicting facility is discovered. Standby time, remobilization, soft excavation, redesign, repair, and related work may be treated as extra work.
9. Concealed and Unforeseen Conditions
Unless specifically included, pricing assumes ordinary soil, reasonable equipment access, and use of suitable onsite excavated material for backfill. Rock, groundwater, dewatering, unsuitable or contaminated soil, buried debris, abandoned structures, utility conflicts, over-excavation, shoring beyond the planned means and methods, additional stone or imported fill, haul-off, disposal, and other concealed or unforeseen conditions are extra.
When practical, CIBC will notify the customer before performing extra work. Conditions requiring immediate action to protect people, property, utilities, or the excavation may be addressed without advance approval and documented for billing.
10. Horizontal Directional Drilling Risks
The customer acknowledges that horizontal directional drilling is performed without continuous visual access to the entire bore path. Actual conditions may differ from records, markings, borings, potholes, or surface observations. Risks can include deflection from the planned path, refusal or loss of the bore, cobbles, rock, fill, voids, buried debris, unknown structures, drilling-fluid loss or inadvertent returns, surface heave or settlement, damage to pavement or landscaping, stuck or abandoned rods or tooling, damaged or unrecoverable product pipe, and the need for larger or additional entry, exit, recovery, or relief excavations.
CIBC will use reasonable construction practices to reduce these risks but cannot eliminate or guarantee against them. Unless the proposal expressly allocates a risk differently, authorized bore attempts and the labor, equipment, tooling, drilling fluids, mobilization, and materials used or consumed remain payable when an attempt is unsuccessful because of concealed conditions or ordinary drilling risk. Recovery, replacement materials, additional potholing, a revised route, another bore attempt, open-cut installation, restoration, environmental response, and third-party charges are additional work. This allocation does not apply to the extent a loss is caused by CIBC’s gross negligence, willful misconduct, or violation of applicable law.
11. Changes to the Work
Changes to scope, price, materials, route, grade, schedule, or method should be documented in a written or electronic change order. If the customer directs additional work or field conditions make additional work reasonably necessary, CIBC may document the labor, equipment, materials, and time involved and charge for that work. CIBC is not required to perform a requested change that is unsafe, unlawful, impractical, or outside its capabilities.
12. Grade-Sensitive Bores
Horizontal directional drilling is subject to steering tolerances, ground conditions, depth, bore length, tooling response, fluid conditions, obstructions, and the accuracy of customer-provided plans, elevations, and control points. When a bore is designed at a grade of less than 1.00%, the available fall may be smaller than normal drilling and measurement tolerances.
Unless CIBC expressly provides a written grade guarantee in the project proposal, CIBC does not guarantee a continuous positive slope, exact line or grade, exact exit elevation, gravity drainage, or freedom from bellies or low points on a bore designed at less than 1.00% grade. The customer accepts this risk when authorizing the work.
Each authorized bore attempt, including labor, equipment, mobilization, drilling fluids, tooling, and installed or consumed materials, remains payable even if the requested slope, grade, alignment, or exit elevation is not achieved. Re-drilling, a replacement bore, open-cut correction, pumping, additional pits, redesign, or another corrective method is additional work and will be priced separately unless the approved proposal expressly states otherwise. This section does not excuse gross negligence, willful misconduct, or liability that cannot lawfully be limited.
13. Schedule and Delays
Start and completion dates are estimates unless expressly guaranteed in writing. CIBC is not responsible for delay caused by weather, saturated or frozen ground, utility or permit response times, site access, inspections, material availability, equipment failure despite reasonable maintenance, labor interruption, customer changes, differing site conditions, emergencies, or other events beyond CIBC’s reasonable control. The schedule will be extended for the period reasonably affected.
14. Excavation, Backfill, and Restoration
Excavated and restored areas may settle, and vegetation or finished surfaces may not match surrounding areas exactly. Unless expressly included, fine grading, topsoil, seed, sod, landscaping, irrigation repair, asphalt, concrete, decorative surfaces, and correction of ordinary settlement are excluded. CIBC may leave excavated material onsite unless haul-off is included.
15. Workmanship and Materials
CIBC warrants that its work will be performed in a professional manner consistent with generally accepted industry practices. Any specific warranty period, manufacturer warranty, remedy, or exclusion stated in the approved proposal controls. Manufacturer warranties, when applicable, are passed through to the customer to the extent transferable. Damage caused by misuse, lack of maintenance, third parties, ground movement, utility-owner activity, preexisting conditions, or events outside CIBC’s control is not a workmanship defect.
16. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable to the other for incidental, special, exemplary, or consequential damages, including lost profits, lost use, or business interruption, arising from the project. This limitation does not apply where prohibited by law or to liability that cannot lawfully be limited. Nothing in these terms excuses CIBC from responsibility for its own negligence, willful misconduct, or violation of applicable law.
17. Suspension and Termination
CIBC may suspend work for nonpayment, unsafe conditions, lack of access, missing approvals, utility conflicts, customer interference, or material breach after reasonable notice when circumstances allow. Either party may terminate for a material breach that remains uncured after reasonable written notice. The customer remains responsible for completed work, committed materials, demobilization, and other amounts properly due through termination.
18. Governing Law and Disputes
The parties should first attempt in good faith to resolve any dispute through direct discussion. These terms are governed by Indiana law, without regard to conflict-of-law principles. Unless the project documents require another lawful forum, any court proceeding must be brought in a court with jurisdiction in Hamilton County, Indiana. Nothing in this section limits lien, collection, insurance, or emergency remedies available by law.
19. General Provisions
If any provision is found unenforceable, the remaining provisions remain effective. A waiver on one occasion is not a continuing waiver. The customer may not assign the agreement without CIBC’s written consent. Electronic approvals and signatures may be treated as originals. Headings are for convenience only.
20. Contact
Questions about these terms may be directed to Central Indiana Boring Contractors, LLC at info@centralindianaboringcontractors.com, 317-896-0040, or 11494 East 300 North, Sheridan, Indiana 46069.