By accessing this website, requesting an estimate, signing a contract with us, or otherwise engaging Jayhawk Construction ("we," "us," or "our") for services, you ("you" or "Client") agree to these Terms of Service. If you do not agree with these Terms, please do not use this website or engage our services.
These Terms apply alongside any signed project contract. Where the project contract and these Terms address the same topic, the signed contract controls.
Jayhawk Construction is a residential construction company based in Wichita, Kansas, serving Wichita and surrounding areas. Our services include but are not limited to:
The specific scope, materials, timeline, and pricing for any project will be defined in a written contract between you and Jayhawk Construction.
Any estimate, proposal, or quote we provide is for informational purposes only and is not binding until both parties sign a written contract. Estimates are based on the information available at the time and may change if site conditions, project scope, or material costs change before a contract is signed.
Estimates are valid for thirty (30) days from the date issued unless otherwise stated in writing. Verbal agreements are not binding. Only a signed written contract creates a binding obligation between you and Jayhawk Construction.
Payment terms for each project will be specified in your signed contract. In general:
In the event of non-payment, Jayhawk Construction reserves the right to suspend work and to pursue all remedies available under Kansas law, including filing a mechanic's lien against the property under Kansas mechanic's lien statutes.
Any changes to the scope of work agreed upon in the original contract must be documented in a written change order signed by both parties before the changed work begins. Change orders may affect the project price, timeline, or both.
We will not perform work outside the original scope without written authorization. Verbal requests for changes will not be treated as authorized changes and will not modify the contract.
You are responsible for disclosing any known site conditions that may affect the work, including but not limited to the location of underground utilities, presence of asbestos, lead paint, mold, structural defects, or other conditions not reasonably visible upon initial inspection.
If concealed conditions are discovered during the project that materially affect the work, we will notify you in writing and a change order will be issued to address the additional cost or timeline impact.
Jayhawk Construction is licensed and insured. We carry general liability insurance and worker's compensation insurance as required by Kansas law.
We will obtain any building permits required for your project, with permit fees passed through to you as specified in your contract. You are responsible for ensuring that your property complies with applicable zoning laws, homeowners association rules, and deed restrictions, and for disclosing any such restrictions before work begins.
We warranty our workmanship for a period of one (1) year from the date of substantial completion of the project. If a defect in our workmanship arises during the warranty period, we will repair it at no cost to you, provided that:
Materials, fixtures, appliances, and other products installed as part of the project are covered by their respective manufacturer warranties. We pass through to you any manufacturer warranties that apply but do not warranty manufacturer products beyond the manufacturer's stated warranty.
The workmanship warranty does not cover:
To the maximum extent permitted by Kansas law, Jayhawk Construction's total liability for any claim arising from a project shall not exceed the total amount paid by you to Jayhawk Construction for the project that gave rise to the claim.
To the maximum extent permitted by law, Jayhawk Construction is not liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of use, loss of income, lost profits, or damage to personal property not directly caused by our negligence.
Nothing in these Terms is intended to limit liability for fraud, willful misconduct, or any other liability that cannot be limited under Kansas law.
You agree to provide reasonable access to the work site during normal business hours, generally Monday through Friday from 7:00 AM to 6:00 PM, and at other times as agreed in advance. You agree to keep children, pets, and unauthorized persons away from active work areas for safety.
Unless you notify us in writing before work begins, we may photograph completed work for use in our portfolio, website, social media, and marketing materials. We will not publish your name, the property address, or other personally identifying information without your written consent.
If a dispute arises between you and Jayhawk Construction, both parties agree to first attempt to resolve the dispute in good faith through direct conversation.
If the dispute cannot be resolved within thirty (30) days, the parties agree to attempt non-binding mediation with a mutually selected mediator located in Sedgwick County, Kansas. The costs of mediation will be shared equally between the parties.
If mediation does not resolve the dispute, either party may pursue available legal remedies in the appropriate state or federal court located in Sedgwick County, Kansas.
These Terms of Service, and any contracts between you and Jayhawk Construction, are governed by the laws of the State of Kansas, without regard to its conflict of laws principles. Any legal action arising from these Terms or from a project shall be brought in the state or federal courts located in Sedgwick County, Kansas, and the parties consent to the jurisdiction of those courts.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
We may update these Terms of Service from time to time. The version posted on our website on the date you sign a project contract will apply to that project. Changes posted after a contract is signed do not retroactively apply to that project.
If you have questions about these Terms of Service, please contact us:
Jayhawk Construction
Wichita, Kansas
Phone: (316) 688-2616
Email: chris@jayhawkconstruction.com