Terms of Service
The terms that govern our construction, development, and design services.
Last updated: July 2026
Construction Services Terms
Terms governing home building and construction projects.
1. Scope of Work & Service Agreement
These terms apply to all residential construction services provided by True Cost Homes (the "Company"). The scope of work for each project is defined in the Pre-Construction Service Agreement and the Construction Contract executed prior to commencement of work. Any work not explicitly described in the executed agreement is considered out of scope and may be subject to a Change Order with associated costs.
2. Estimates & Pricing
All estimates provided are based on current material and labor costs, the selected finish level, and the specifications outlined in the project quote. The Company offers open-book pricing with full transparency into project funds. Final project costs may vary due to Change Orders, material price fluctuations, site conditions, or owner-requested modifications. The total budget established in the Construction Contract represents the agreed project cap unless modified by written Change Order.
3. Deposits & Payment Schedule
An initial deposit is required to begin pre-construction services, including detailed plans and subcontractor bidding. The deposit is applied toward the total project cost. Progress payments are due according to the draw schedule outlined in the Construction Contract. All payments are deposited into a project-specific account, separated from Company operating funds, to ensure full transparency and accountability.
4. Change Orders
Any modifications to the agreed scope, materials, or design must be documented via a written Change Order signed by both the Owner and the Company. Change Orders may impact project cost and timeline. Work associated with a Change Order will not commence until the Change Order is approved and signed. Verbal requests or instructions do not constitute authorization for additional work.
5. Project Timeline & Delays
Construction timelines are estimates based on normal working conditions. The Company is not liable for delays caused by factors beyond its reasonable control, including but not limited to weather, material shortages, subcontractor availability, permit issuance delays, acts of God, or Owner-directed changes. The Company will communicate any anticipated delays promptly and adjust the schedule in good faith.
6. Warranties & Defects
The Company provides a limited workmanship warranty on construction as outlined in the Construction Contract. Warranty periods vary by component (e.g., structural, mechanical, finish). Warranty claims must be submitted in writing within the applicable warranty period. The warranty does not cover damage caused by normal wear and tear, Owner negligence, improper maintenance, modifications by third parties, or natural disasters.
7. Site Conditions & Access
The Owner is responsible for providing reasonable site access and ensuring the lot is buildable and properly zoned. If unforeseen site conditions (e.g., unsuitable soil, buried debris, rock) are encountered that were not disclosed or identifiable at the time of contracting, additional costs may be incurred and will be documented via Change Order.
8. Termination
Either party may terminate the Construction Contract for material breach upon written notice and an opportunity to cure. In the event of Owner-initiated termination, the Owner is responsible for payment of all work completed, materials ordered, and reasonable costs incurred up to the date of termination. Deposits and payments made are non-refundable except as expressly provided in the Construction Contract.
Land Development Terms
Terms governing land development and real estate deals.
1. Development Services & Scope
These terms apply to land development and real estate development services provided by the Company, including but not limited to site acquisition assistance, feasibility analysis, entitlements, permitting, infrastructure installation (roads, utilities, grading), and lot preparation. The specific scope of development services for each project is defined in the Pre-Development Service Agreement executed prior to commencement.
2. Feasibility & Due Diligence
The Company may conduct feasibility studies and due diligence on behalf of the Client or for its own account. Feasibility analyses are based on information available at the time and do not constitute a guarantee of project viability, zoning approval, or profitability. The Client is encouraged to independently verify all assumptions. Environmental, geotechnical, and zoning assessments are conducted by qualified third parties and their findings are reported as received.
3. Entitlements, Permits & Approvals
The Company will pursue necessary entitlements, rezoning, subdivision approvals, and permits in good faith. However, approval timelines and outcomes are determined by municipal authorities and are not within the Company's control. The Client acknowledges that permitting may require plan revisions, additional fees, or project modifications. No guarantee of permit approval or timeline is expressed or implied.
4. Land Acquisition & Transactions
When the Company assists with land acquisition or participates as a development partner, all real estate transactions are governed by separate Purchase Agreements, Joint Venture Agreements, or Development Agreements. These Terms of Service supplement but do not replace those agreements. The Client is advised to engage independent legal counsel for all real estate transactions.
5. Infrastructure & Site Work
Infrastructure installation (grading, utilities, roads, drainage) is performed according to engineering plans approved by the relevant authority. Unforeseen subsurface conditions may necessitate plan revisions and cost adjustments. All infrastructure work is warranted against defects in workmanship for a period of one (1) year from substantial completion, excluding damage caused by third parties, natural events, or improper maintenance.
6. Environmental Compliance
The Company complies with all applicable environmental regulations. If contamination, protected species, wetlands, or other environmental constraints are discovered during development, work may be halted and additional assessments or remediation may be required. Costs associated with environmental conditions not disclosed prior to contracting are the responsibility of the Client or the property owner.
7. Risk Allocation
Land development involves inherent risks including market fluctuations, regulatory changes, and unforeseen site conditions. The Company does not guarantee specific returns, absorption rates, or project profitability. The Client acknowledges these risks and agrees that the Company's liability is limited to the fees paid for development services, except in cases of gross negligence or willful misconduct.
Home Plan Design Terms
Terms governing custom home plan design services.
1. Plan Studio Services & Scope
These terms apply to custom home plan design services provided through the Company's Plan Studio. The scope of design services is defined in the Home Plan Design Agreement executed prior to commencement. Services may include initial consultation, schematic design, design development, construction documents, and unlimited revisions as outlined in the agreement.
2. Design Fee & Deliverables
The flat design fee covers the services described in the Home Plan Design Agreement, including unlimited revisions and lifetime build support. The fee does not include structural engineering, soil testing, surveying, or other third-party professional services unless explicitly stated. Deliverables consist of conceptual plans, elevation drawings, and construction documents as specified in the agreement.
3. Revisions & Approval Process
The Client is entitled to unlimited revisions during the design phase. Revision requests must be submitted in writing and will be incorporated into subsequent plan iterations. Once construction documents are finalized and approved in writing by the Client, further modifications may incur additional fees. The Company will make reasonable efforts to accommodate all revision requests within the project timeline.
4. Intellectual Property & Ownership
All home plans, drawings, and design documents created by the Company are the intellectual property of True Cost Homes. Upon full payment of the design fee, the Client receives a non-exclusive license to use the plans for the construction of a single residential structure on the designated property. Plans may not be reproduced, sold, transferred, or used for additional structures without the Company's express written consent and payment of applicable fees.
5. Lifetime Build Support
Lifetime build support entitles the Client to consultation and clarification regarding the design plans during construction of the licensed project. Build support does not include on-site supervision, construction management, or modifications to the original design. Support is provided remotely or at the Company's office at its discretion. Build support is non-transferable and applies only to the original Client and the designated property.
6. Plan Accuracy & Compliance
The Company prepares design plans to meet applicable building codes and zoning requirements based on information available at the time of design. However, local jurisdictions may require modifications, and the Client is responsible for obtaining all necessary permits. The Company is not liable for construction delays or costs arising from code interpretations, permit requirements, or field conditions that necessitate design revisions.
7. Construction Responsibility
Design plans are prepared for construction by qualified builders. If the Company is not contracted as the builder, the Company is not responsible for construction means, methods, or outcomes. The Client acknowledges that variations between the design documents and the as-built structure may occur based on the builder's interpretation and field conditions.
General Terms
These Terms of Service govern the use of True Cost Homes' services across all divisions: Construction, Land Development, and Home Plan Design. By engaging the Company for any service, you agree to the applicable terms above as well as the terms outlined in your specific service agreement (Pre-Construction Service Agreement, Pre-Development Service Agreement, or Home Plan Design Agreement).
These terms are governed by the laws of the Commonwealth of Kentucky. Any disputes shall be resolved in the courts of competent jurisdiction within Kentucky. The Company reserves the right to update these terms at any time; changes are effective upon posting to this page.
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