HAY RUNNER TERMS & Conditions
Last updated January 18, 2024
HAY RUNNER TERMS & CONDITIONS:
Welcome to Hay Runner! We believe in building strong relationships with our clients, centered around excellent communication. Below are our terms and conditions, designed to ensure transparency and a positive experience for everyone involved.
At Hay Runner, we hold the following values dear:
Trust: We operate with full transparency.
Accountability: We stand by our work, showing up consistently.
Quality: We never compromise on the quality of our services.
Efficiency: Continuously improving our systems to provide cost savings for our clients.
Hay Runner works on a Time and Material Contract. Work shall be billed as costs are incurred. This is not a fixed price contract and the final price for the work shall be the costs as defined in this Agreement. To the extent that the plans change, or additional work not reflected in the plans occurs, such changes will increase the price of the Work and the estimated price of the contract shall be increased to reflect the increased costs of the Work. A deposit may be required as a part of this contract, which reflects approximately twenty percent (20%) of the estimated contract price.
Hay Runner invoices clients weekly; we appreciate and expect payment upon receipt of invoice. Delayed payments will result in a discontinuation of work.
PAYMENT POLICY:
It is Hay Runner’s policy that payment is due at the time of service, unless other financial arrangements are made in advance. ACH (Direct deposit) is our preferred method of payment & you will be sent a link with that payment option. For other payment options, please contact billing@hayrunner.com.
Checks shall be made out to: Hay Runner. We will arrange a check pick-up time with you, or, you may deliver the check directly to our office at 99 Federal Street, Suite 1, Portland, ME 04101 or mail it to our PO box at: PO BOX 4514, Portland, ME 04112.
A 1.5% monthly late payment charge will be applied to unpaid invoices that are 15 days overdue.
At the request of the owner, the Contractor shall make available to the Owner,
or his representative, all invoices and other evidence of costs that make up and support any or all of the monthly invoices.
The Owner may withhold part of any payment to such extent as may be necessary to protect the Owner from loss on account of defective work not remedied. The Owner may not withhold from any payment that is due an amount that exceeds the amount necessary to protect the Owner from a loss and in no case more than 125% of the invoiced amount related to the work complained of. The Owner shall notify the Contractor within 48 hours of the discovery of work that the Owner deems defective, and the Contractor shall respond within 48 hours of such notice. Such Notice shall not be by text message. In the event that the Contractor fails to timely respond to such notification, the Owner may withhold that portion of the outstanding invoice that relates only to that work. Work that is not yet completed shall not be considered defective and must be paid for as it is invoiced.
All amounts not in dispute must be paid immediately and the failure to do so shall be deemed a material breach of this contract. When the above grounds are removed, i.e. defective work remedied; payment will be made for amounts withheld because of them.
DEPOSITS:
Deposits may be required at the time of scheduling for services projected to take 8+ hours, or for projects requiring materials purchased, at the discretion of Hay Runner.
For construction projects over $10,000: When the start date of your construction project is confirmed, Hay Runner requires a deposit of 20% of the estimated project price. In the event that the project is canceled, the deposit is non-refundable.
We will schedule your project upon your signing of the contract and payment of the deposit of 20% of estimated project total. This deposit will be held in a non-interest bearing account and will be applied to your final invoice. Your project will be billed weekly and payments will be due each week until the project is complete. We will begin to apply the deposit as we are entering the close-out phase. Anything remaining will be returned to you.
Some of our building partners require large deposits. When these circumstances apply to your project, Hay Runner may bill you outside of our standard billing window. Only once Hay Runner has received payment, will your project be confirmed with our building partner.
As set forth above, Hay Runner requires a deposit in the amount of twenty percent (20%) of the estimated overall project. In the event that the Owner is not current on its payments, Hay Runner reserves the right to apply the deposit to the outstanding balance due and require that the Owner provide additional funds to bring the deposit up to its original amount. Failure of the Owner to timely replenish the deposit will be grounds to either terminate or suspend work under the Contract until such time as the funds are adequately replenished. Hay Runner reserves the right to stop work and/or withdraw from engagement in the event that an invoice remains unpaid. In the event of a termination of this agreement for the above reason or any reason, the Owner is still obligated to pay for all services provided by Hay Runner up to the date of termination.
APPOINTMENTS:
Appointments can be booked online at www.hayrunner.com or by calling (207) 605-2055. Appointments booked online will be sent to our office for review. We make every effort to accommodate your scheduling needs; however, due to the busy nature of our industry, the status of your appointment will only be confirmed once someone from our team has talked to you about your specific needs, scope of the projects, dates and times, and you have approved the contract by signing it.
APPOINTMENT RESCHEDULE & CANCELATION:
When you book your appointment with us you are holding a space on our calendar that is no longer available to other customers. We understand that situations arise in which you must cancel your appointment.
If it becomes necessary for you to cancel, we respectfully request that you call at least 48-hours in advance. To cancel your appointment please call us at (207) 605-2055 Monday -Friday, 8am-5pm. Reschedule requests or cancellations after 3pm on Friday, for Monday appointments, will be considered late cancellations. See details below.
LATE CANCELLATIONS / NO-SHOW:
A cancellation is considered late when the appointment is canceled less than 48-hours before the appointed time, or after 3pm Friday for a Monday appointment. A no-show is when a customer is not home to meet our crew and/or does not provide access to their space for our technicians to work. Any cancellation or reschedule made less than 48-hours will result in a cancellation fee. The amount of the fee will be equal to 50% of the value of services reserved.
RATES:
The budget and scope of a project is estimated based on our initial review with the client and estimates will change as scope evolves.
SEE CHANGE-ORDERS for more details.
We cannot estimate what we cannot see. This estimate may not cover any rot, mold mitigation or structural changes.
Every employee at Hay Runner is a billable employee and contributes to projects based on their expertise.
We perform all work on an hourly basis, and our rates are as follows:
Owner / Shannon: $150.00
Principal Architect: $150.00
Planning & Land Use Services: $125.00
Architectural Design/Modeling: $125.00
Architectural Drafting: $110.00
Design Clerical: $80.00
Director of Construction: $125.00
Senior Project Manager: $100.00
Project Manager: $95.00
Project Manager - Shop: $95.00
Project Manager - Architectural Millwork: $110.00
Estimator / Estimating: $95.00
Lead Carpenter / Field Level 3: $80.00
Lead Carpenter / Field Level 2 or 3: $68.00
Assistant Carpenter / Laborer 1 or 2: $55.00
Tile Installation: $120.00
Hay Runner Licensed Plumber: $130.00
Handyman: $80.00
Property Management aka Caretaking: $100.00
Cabinet & Furniture Design / Drafting (Shop PM): $110.00
Any and All Shop Work: $95.00
Shop Laborer: $55.00
Travel Rate: $50.00
Emergency Fee - defined by urgency and/or after hours $500.00
Emergency Hourly Rate: Time & A Half for responding staff per person
All work is billed in hourly increments, to the nearest 15 minutes, with a one hour minimum.
Onboard - an initial visit from the right member of our team to discuss scope of work & provide initial estimate - $100
ADDITIONAL CHARGES:
Each invoice will incur additional charges of 1.5%. These fees are applied to our Liability Insurance & any future warranty work.
TRAVEL FEE POLICY:
There is a $50 charge per dispatch to pay for our fleet and mileage. Each time our field staff (handyman, plumber, electrician, carpenter, etc) are dispatched for a service call there is a $50 travel fee. For larger and longer-term projects, this fee will not be charged per employee per dispatch to the site, It will be added as a surcharge 1-2x per week, depending on gas prices & mileage to site.
Additional Mileage Fees may apply for travel time of more than 1/2 hour from our office in Portland, Maine. This will be discussed in advance of billing.
MATERIALS:
Customers will be billed for:
All materials ordered by Hay Runner will be up-charged by 20%.
Hourly rate for coordinating/acquiring materials is $55 - $120/hr.
Time for coordinating/acquiring materials is billed in 15 min increments.
Installing materials will be billed at our regularly posted handyman/field staff rates.
All on-site work is billed in 15 minute increments, with an hour minimum.
Plumbing and electrical supplies must be provided by Hay Runner’s licensed plumbers and electricians, so that we can guarantee the products. Hay Runner plumbers and electricians are advised not to use plumbing and electrical materials provided by customers. Fixtures, such as shower/tub inserts, toilets, sink vanities, lighting fixtures can be purchased through Hay Runner, or otherwise must be approved by our technicians before work begins.
OWNER SUPPLIED MATERIALS
Owner warrants that all materials supplied by Owner will be of new and standard quality, free of defects and may be installed or applied according to the RESIDENTIAL CONSTRUCTION PERFORMANCE GUIDELINES, (Latest edition) as published by the NAHB and in a time frame consistent with normal installations for these materials.
Owner agrees to have all materials on the job site at least five working days prior to
installation date by Contractor or sub or specialty contractors. Contractor will give Owner at least five working days notice of the installation date.
Owner understands and agrees to be present or have a representative present when any materials supplied by Owner for use on this job are unpacked by Contractor. Owner or representative will inspect those materials for completeness of the order and for damage or for any other defects. If Owner is not present when these materials are unpacked, Owner waives any and all claims against Contractor for any damaged or missing materials and will hold Contractor harmless against any claims for damaged or missing materials by the Owner or the Owner's representative.
Owner understands and agrees that damage done to any of Contractor's or subcontractors' tools or equipment as a result of any foreign object within those materials supplied by the Owner, such as nails, bolts, screws or other metal or very hard objects, regardless of the reason, will be the Owner's responsibility to replace (NOT REPAIR) that damaged tool or piece of equipment. Replacement of the tool or equipment will be within 24 hours of the time of damage.
Owner further understands and agrees that Contractor's only guarantee regarding the materials to be supplied by the Owner is they will be installed consistent with the RESIDENTIAL CONSTRUCTION PERFORMANCE GUIDELINES, (Latest edition), as published by the NAHB. No other guarantees or warranties of the materials of any kind are expressed, implied or included in this contract. In the event of a failure or defect in the materials, it is the Owner’s responsibility to have such materials removed and replaced at the Owner’s expense. Any charges incurred by the Contractor in dealing in any way with the Owner Supplied Materials shall be the responsibility of the Owner and shall be added to the contract price. Such work by the Contractor will be considered to be a change order to the contract. (For example, removal of defective windows supplied by the Owner and reinstallation of new or different windows by the Contractor are not covered by the Contractor’s warranties herein, all expenses and costs related thereto shall be the responsibility of the Owner.)
Owner understands and agrees that as the supplier of materials, Owner assumes full
responsibility and liability for assuring that the products meet all applicable codes and ordinances.
Any resultant damage to any other part of the structure in contact with or adjacent to the materials supplied by Owner and installed by Contractor, because of failure of those materials supplied by the Owner, are the Owner's sole responsibility for repair or replacement. Contractor's liability will be for the labor only if it is determined by a neutral third party that the Owner's materials were installed incorrectly by the Contractor thus causing the damage to the structure.
All unused materials furnished by Owner shall remain the property of Owner, and all
materials delivered to the job address shall be safely stored by Owner.
ADD-ONS/CHANGE OF SCOPE:
Notwithstanding any provision contained in the Maine Home Construction Contract Act to the contrary, the parties agree that change orders are not necessary to vary the estimated price as a change order is applicable only to fixed prices in a contract. This project has no fixed prices and thus there is no fixed price to change.
In situations where it is impractical, where the parties agree otherwise, either
specifically or through their action or in emergency situations, the Contractor may proceed with additional or changed work under the contract through approval of same in an email, in which event, such email shall take the place of a formally executed change of scope.
All changed or additional work will be performed on a cost-plus basis unless a fixed price for such work is agreed to in advance of the work being performed.
WARRANTY:
In addition to any additional warranties agreed to by the parties, the contractor warrants that the work will be free from faulty materials; constructed according to the standards of the building code applicable for this location; constructed in a skillful manner and fit for habitation or appropriate use. The warranty rights and remedies set forth in the Maine Uniform Commercial Code apply to this contract.
ACCESS, ENTRY & SECURITY:
We take security and your peace of mind seriously. When you schedule your onboarding appointment with Hay Runner, one of our representatives will be sent to your space to acquaint you with our services as well as create a customer profile unique to you, your property and needs. Part of this orientation is to discuss ways in which our staff may access your space. Options include:
Customer is present to let our workers into the space.
Provide us with a key or arrange to leave one in a designated area.
Provide us the garage/door code, or a lockbox.
It is our policy to keep all entry doors closed while our team is working and to not allow access to unknown persons. For safety reasons, please do not rely on Hay Runner workers to provide access to other contractors, cleaners or visitors while they are working on your home.
AFTER HOUR SERVICES:
All after hour services are billed at time and a half. After hours includes time outside of our normal Monday - Friday 8-5 workday and any dates Hay Runner is closed for federal holidays or company-specific closures. These services are not always available. Please call us to discuss your needs: (207) 605-2055.
DAMAGE:
Any suspected damage by Hay Runner’s workers must be reported to the office within 24 hours after your appointment. An inspection will be scheduled in a timely manner. Repair or replacement will be arranged upon determination of responsibility. We will not consider ourselves liable for reports made outside of the 24 hour window. See “Breakage”.
BREAKAGE:
Unfortunately, accidents happen. If an incident occurs and something breaks or is damaged by one of our team members, you will be notified with a detail of the item. All breakage and/or damage is required to be reported to the office within 24 hours. Reimbursement for damaged property will be made up to $250 with a copy of your replacement receipt or a quote for a replacement with a similar item. Reimbursement for damaged items over $250 will be handled by our professional consultant or insurance company. Items which cannot be replaced due to sentimental or antique value should be reported to the office BEFORE more work continues. We reserve the right not to handle items, or do work in areas where precious items are present.
CLUTTER:
We ask that you provide a clutter-free environment so that our team members can work as efficiently as possible. Personal and valuable items should be removed from work areas to avoid all possibility of damage. We strive to be efficient with our billable hours to keep your costs down, and we greatly appreciate it when work areas are tidied up before we arrive.
EMERGENCY SERVICES:
Storms and weather events are unpredictable, as are other recognized States of Emergency. Our workers may be able to assist in the case of an emergency, depending on their schedule. We cannot guarantee this. All after hour services are billed at time and a half.
HEALTH & SAFETY MATTERS:
Due to health risks we cannot clean up after blood, vomit, feces (human and animal), or clean out litter boxes. We will also not clean while pest control spray is fresh. We require a safe working environment, including people, property, and pets. Just as you expect our staff to ensure your safety as they are working, we must be able to make sure they will be safe as well. We instruct our staff to only use a 2-step ladder for climbing and to lift no more than 25 pounds of weight without assistance.
Please ensure that your house or the space our staff is working in is well ventilated and/or air-conditioned.
HOLIDAYS:
We are closed and do not provide service on the following holidays: New Years Day, Memorial Day, Independence Day & the day after, Labor Day, Thanksgiving & the day after, and Christmas Day.
NON-SOLICITATION OF HAY RUNNER TEAM:
We spend a lot of time and money to hire and train our technicians, so it is important that our clients do not try to hire them away from us. All of our technicians have signed a Non-Compete Agreement and are prohibited from soliciting business from any client on their own behalf or on behalf of any third party during their employment with Hay Runner or for one (1) year following termination of employment, without written approval from Hay Runner. You agree not to hire past or present staff of Hay Runner for a period of no less than one (1) year from the date the staff last worked for Hay Runner. In the event you feel you must hire one of our staff members in spite of this agreement, a $2,500.00 placement fee is due immediately upon employment of the past/present staff member, regardless of whether the employment is regular or on a contract basis.
PETS:
At Hay Runner, we understand that pets are part of the family. Therefore, we want to make sure we do all we can to minimize the stress that may occur when strangers enter their space. For the well-being of both your pets and our workers, we ask that all pets be placed in an area outside of the space being worked on.
THEFT:
Precaution is always the best protection. Please DO NOT leave any money or valuables which could be lost or taken out in the public spaces of your home. When we find valuables left out in the open, we will record them on a checklist and work around them as best we can. Our workers will not bring personal items into your property.
TIPPING:
Please do not feel obligated to tip your Hay Runner field staff.
TRASH:
All garbage produced during projects will be disposed of by our team at the end of the job, and is billable to the client. If a job is small, our client can opt to dispose of garbage themselves. Upon request, we will neatly compile trash bags for clients to dispose of on their own.
WEATHER:
In Maine, severe winter weather is inevitable. In the event of severe weather we may determine it is not safe to travel and or/carry tools and equipment to your property or business. When this occurs, we will reschedule your appointment for the next available opening. Please assist us with your understanding if rescheduling is necessary.
PERSONAL INFORMATION:
Hay Runner takes every precaution to protect your information. Sensitive information provided through the website is protected both online and offline. Employees of Hay Runner who need the information to perform their jobs are given access to your personal information. No other employees have access to it. All computers that store personal information are kept in a secure environment.
RESOLUTION OF DISPUTES:
If a dispute arises concerning the provisions of this contract or the performance by the Parties that may not be resolved through a small claims action, then the Parties agree to settle this dispute by jointly paying for one of the following (check only one):
i. [ ] Binding arbitration as regulated by the Maine Uniform Arbitration Act, with the parties agreeing to accept as arbitrator's decision;
ii. [ ] Nonbinding arbitration, with the parties free to not accept the arbitrator's decision and to seek a solution through other means, including a lawsuit; or
iii. [x] Mediation, in which the parties negotiate through a neutral mediator in an effort to resolve their differences in advance of filing a lawsuit.
TERMINATION OF SERVICES:
This contract shall terminate automatically upon completion of services by Hay Runner and final payment by Owner, or by mutual consent of the parties, in writing. In the event of termination of this Agreement by either party, the Owner shall within fifteen (15) calendar days of termination pay Hay Runner for all services rendered and all reimbursable costs incurred by Hay Runner, up to the date of termination, in accordance with the payment provisions of this Agreement. Payments made toward services and costs are nonrefundable.
DOOR TO DOOR SALES:
The Parties herein agree this contract is not the result of a door-to-door sale solicitation by Hay Runner.
ENERGY STANDARDS & MAINE RESIDENTIAL INSULATION CONTRACT REQUIREMENTS:
If work under this contract includes construction of a new residential building or a new addition to an existing residence, it will comply with 10 M.R.S.A. §§ 1411 - 1420, which establishes minimum energy efficient building standards for new residential construction, and work on this building or addition will meet or exceed those standards.
Contractor installing insulation will also follow guidelines related to the Maine Residential Insulation Contract Requirements found here:
http://www.mainelegislature.org/legis/statutes/10/title10sec1482.html
MAINE ATTORNEY GENERAL HOME CONSTRUCTION WARNING:
Hay Runner clients are strongly encouraged to visit the Maine Attorney General Home Construction Warning website to gather current information on how to enforce your consumer rights when constructing or repairing your home.
https://www.maine.gov/ag/consumer/housing/for_contractors.shtml
To Contact the Office of the Attorney General to file a consumer complaint or to ask a question call: 207-626-8800
BY CLICKING APPROVE, YOU ACCEPT AND AGREE to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. Hay Runner reserves the right to update & change these terms at any time.
Hay Runner believes that good client relationships are paramount to our business, and is primarily based on excellent communication.
We look forward to working with you to repair, restore and renew your space.