Comprehensive Project Disclaimers & Limitations of Liability

Applicable to All Estimates, Proposals, Scopes of Work, Change Orders, Invoices, and Services Provided by Daleen Services LLC

1. INCORPORATION & ACCEPTANCE

These Project Disclaimers and Limitations of Liability (“Disclaimers”) are expressly incorporated by reference into all estimates, proposals, scopes of work, service agreements, work authorizations, change orders, and invoices issued by Daleen Services LLC (“Company”).

Authorization of work by signature, electronic approval, verbal approval, payment, emergency dispatch request, or allowing work to commence constitutes full acceptance of these Disclaimers.

2. NO WARRANTIES OR GUARANTEES

All services are provided on an “as-is” and “best-effort” basis. Daleen Services LLC makes no express or implied warranties, including but not limited to:

  • Warranty of habitability
  • Warranty of merchantability
  • Warranty of fitness for a particular purpose
  • Warranty of mold elimination or prevention
  • Warranty of odor elimination
  • Warranty of cosmetic uniformity
  • Warranty of pre-loss condition restoration

Results may vary based on building materials, age, construction methods, environmental conditions, and prior repairs.

3. HIDDEN, LATENT & UNFORESEEN CONDITIONS

Restoration, mitigation, and construction work frequently involves concealed or latent conditions including but not limited to:

  • Hidden moisture intrusion
  • Mold or microbial growth
  • Structural deterioration
  • Electrical, plumbing, or mechanical defects
  • Hazardous materials (including asbestos or lead-based paint)

The Company is not responsible for identifying conditions not visible or accessible at the time of inspection. Discovery of such conditions shall constitute a change in scope, billed separately via change order or time and materials.

4. MOLD, MICROBIAL & AIR QUALITY DISCLAIMER

The Company is not a licensed industrial hygienist or environmental testing firm. Services provided do not include clearance testing or verification of indoor air quality.

  • Mold spores are naturally occurring and cannot be fully eliminated
  • Disturbance of materials may temporarily increase airborne particulates
  • No representation is made that mold will not recur

Independent third-party testing is recommended where verification is required.

5. CROSS-CONTAMINATION DISCLAIMER

While industry-standard containment and engineering controls may be utilized, the Company does not guarantee prevention of cross-contamination of airborne particulates, dust, or microbial matter to adjacent areas, contents, or HVAC systems.

6. STRUCTURAL, COSMETIC & FINISH LIMITATIONS

Due to the age, condition, and construction of existing structures, the following conditions may occur and are expressly excluded from liability:

  • Cracking, chipping, peeling, delamination, or failure of paint, drywall, plaster, tile, cabinetry, trim, or finishes
  • Tape or adhesive residue, paint pull-off, or surface damage resulting from containment barriers, floor protection, or protective materials
  • Color mismatch or sheen variation between existing and new finishes
  • Damage to adjacent or concealed materials required to gain access to work areas

Containment systems, temporary barriers, and protective materials are necessary for health and safety but may impact existing finishes. Such impacts do not constitute negligence, breach of contract, or defective workmanship.

7. CONTENTS, PERSONAL PROPERTY & VALUABLES

Unless expressly stated in writing:

  • The Company is not responsible for loss, damage, or displacement of contents
  • Customers are responsible for removal and protection of valuables
  • Contents manipulation may reveal pre-existing damage

8. INSURANCE & PAYMENT RESPONSIBILITY

The Company is not an insurance company, public adjuster, or legal representative. Any assistance with insurance documentation is administrative only.

Customer remains fully responsible for payment regardless of insurance approval, denial, partial payment, depreciation, or delay.

9. TIME & MATERIALS BILLING DISCLAIMER

Where services are performed on a time and materials basis:

  • Final invoices may differ from estimates or ROM figures
  • Labor, equipment, materials, supervision, and consumables are billed per the applicable rate sheet
  • Daily or weekly equipment minimums may apply

10. CHANGE ORDERS & SCOPE EXPANSION

Conditions discovered during work that differ from initial assumptions shall require a change order or supplemental authorization. Verbal authorization is sufficient to proceed.

11. HEALTH & SAFETY DISCLAIMER

The Company does not provide medical advice or health guarantees. Occupants assume all risks related to exposure to construction environments, airborne particulates, or microbial matter.

12. FORCE MAJEURE & DELAYS

The Company shall not be liable for delays caused by weather, supply chain disruption, labor shortages, utility outages, access limitations, or events beyond its control.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, total liability of Daleen Services LLC for any and all claims shall be strictly limited to the amount paid for the specific services giving rise to the claim.

In no event shall the Company be liable for:

  • Consequential or incidental damages
  • Loss of use or business interruption
  • Diminution in property value
  • Emotional distress or health-related claims

14. INDEMNIFICATION

Customer agrees to indemnify and hold harmless Daleen Services LLC from claims arising from:

  • Property conditions
  • Third-party actions
  • Occupant behavior
  • Pre-existing defects

15. GOVERNING LAW & VENUE

These Disclaimers shall be governed by the laws of the State of Wisconsin. Venue shall lie exclusively in Walworth County, Wisconsin.

16. ENTIRE AGREEMENT & NO RELIANCE

Customer acknowledges that no statements, promises, representations, estimates, projections, or assurances outside of the written contract documents have been relied upon in authorizing work. No oral statements, emails, text messages, or communications with Contractor personnel or insurance representatives shall modify or supplement these terms.

17. ORDER OF PRECEDENCE

In the event of any conflict between documents, the following order of precedence shall govern:

  1. Restoration Services Agreement or Service Contract
  2. Estimates, scopes of work, and proposals
  3. Rate sheets and pricing schedules
  4. Project Disclaimers & Limitations of Liability (this document)
  5. All other documents or communications

18. SURVIVAL OF TERMS

All disclaimers, limitations of liability, indemnification obligations, payment obligations, venue provisions, and warranty exclusions shall survive completion of the work, suspension, termination, or cancellation of services.

19. NO THIRD-PARTY BENEFICIARIES

This agreement is solely for the benefit of the Customer and Contractor. No rights or benefits are created for any third party, including but not limited to insurers, adjusters, tenants, occupants, neighbors, guests, lenders, or subsequent property owners.

20. INSURANCE COMMUNICATION & AUTHORITY DISCLAIMER

Contractor is hired exclusively by Customer. No insurance carrier, adjuster, or third party has authority to approve, modify, delay, deny, or direct the scope of work, pricing, scheduling, or terms. Any communication with insurance representatives is provided as a courtesy only and does not alter Customer’s payment responsibility.

21. ACCESS, UTILITIES & SITE CONDITIONS

Customer is responsible for providing safe, continuous access to the property, adequate working conditions, and necessary utilities including electricity, water, and restroom facilities. Contractor is not liable for delays, inefficiencies, damage, or additional costs arising from site conditions, restricted access, unsafe conditions, or utility interruptions.

22. SUSPENSION OR TERMINATION FOR NON-PAYMENT

Contractor may suspend or terminate services, remove equipment, and demobilize without liability upon non-payment or material breach. Customer remains responsible for all costs incurred through suspension or termination, including labor, equipment rental, materials, and demobilization charges.

23. WAIVER OF CONSEQUENTIAL DAMAGES

Customer expressly waives any claim for consequential, incidental, special, punitive, or indirect damages, including but not limited to loss of use, loss of enjoyment, loss of value, loss of income, or business interruption.

24. FORCE MAJEURE

Contractor shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including acts of God, weather conditions, labor shortages, supply chain disruptions, material unavailability, utility outages, governmental actions, or emergency conditions.

25. GOVERNING LAW & EXCLUSIVE VENUE

All disputes shall be governed by the laws of the State of Wisconsin, with exclusive venue in Walworth County, Wisconsin.

26. SEVERABILITY & NO WAIVER

If any provision of these Disclaimers is found unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any provision shall not constitute a waiver of future enforcement.

27. ELECTRONIC, IMPLIED & VERBAL ACCEPTANCE

Acceptance of these Disclaimers and authorization of work may occur by electronic approval, signature, verbal authorization, payment, emergency dispatch request, or by allowing work to commence, and shall be legally binding.

BY AUTHORIZING WORK, CUSTOMER ACKNOWLEDGES AND AGREES TO THESE PROJECT DISCLAIMERS AND LIMITATIONS OF LIABILITY.

Job-specific Disclaimer Addendums

The following Job-Specific Disclaimers supplement and are incorporated into the Comprehensive Project Disclaimers & Limitations of Liability. Where applicable, these addendums shall govern the specific scope of work being performed.

 

A. MOLD REMEDIATION DISCLAIMER

Mold remediation services are performed to reduce visible and accessible microbial growth in the defined work area only.

  • Mold spores are naturally occurring and cannot be completely eliminated.
  • No representation or guarantee is made that mold will not recur.
  • Disturbance of materials may temporarily increase airborne particulates.
  • Services do not include post-remediation verification, clearance testing, or air quality certification unless expressly stated in writing.
  • The Company is not responsible for mold growth resulting from unresolved moisture sources, building defects, HVAC operation, or occupant behavior.
  • Color variation, staining, or shadowing may remain after remediation and does not constitute failure.

Independent third-party testing is recommended where verification is required.

B. WATER DAMAGE MITIGATION DISCLAIMER

Water mitigation services are performed on a best-effort basis to reduce moisture levels using industry-standard equipment and methods.

  • Drying times are estimates only and may vary based on materials, weather, and site conditions.
  • Hidden moisture, secondary damage, or microbial growth may exist beyond visible areas.
  • Removal of materials for access may result in collateral damage to adjacent finishes.
  • Drying does not guarantee prevention of future mold growth.
  • Plumbing, appliance, roofing, or building-envelope failures are excluded unless expressly included.

The Company is not responsible for subsequent damage caused by delayed authorization, restricted access, or interruption of drying conditions.

C. FIRE & SMOKE DAMAGE DISCLAIMER

Fire and smoke restoration services are limited to the scope defined in the estimate.

  • Odor elimination is not guaranteed due to material porosity and chemical bonding.
  • Soot and smoke residues may cause ongoing corrosion or discoloration.
  • Thermal damage may have compromised materials beyond visible areas.
  • Structural integrity evaluations are excluded unless expressly stated.
  • Cleaning may reveal pre-existing damage, wear, or manufacturing defects.

Electrical, mechanical, or safety system certification is outside the scope unless specifically included.

D. BASEMENT & FOUNDATION WATERPROOFING DISCLAIMER

Waterproofing services are intended to reduce water intrusion but do not guarantee a completely dry environment.

  • Hydrostatic pressure, soil conditions, groundwater fluctuations, and extreme weather may exceed system capacity.
  • Existing structural defects, settlement, or foundation movement are excluded unless specifically addressed.
  • Cosmetic cracking, efflorescence, or moisture staining may persist.
  • No guarantee is made against future leaks outside the treated areas.
  • Maintenance of sump systems, drainage components, and discharge lines is the owner’s responsibility.

Warranty coverage, if any, is limited strictly to the terms provided in writing.

E. CONTENTS HANDLING, PACK-OUT & PACK-BACK DISCLAIMER

Contents services involve inherent risks due to age, material composition, prior condition, and handling limitations.

  • The Company does not guarantee restoration of contents to pre-loss condition.
  • Fragile, high-value, rare, or sentimental items are handled at the owner’s risk unless specifically documented in writing prior to handling.
  • Cleaning, manipulation, or storage may reveal latent defects, shrinkage, warping, color loss, finish failure, or material breakdown.
  • Inventory descriptions are for identification and tracking purposes only and do not represent condition, functionality, authenticity, or value.
  • Storage environments are not climate-controlled unless expressly stated in writing.

Pack-Back Limitations

  • Pack-back services are performed on a best-effort basis.
  • The Company does not guarantee that items will be returned to their exact original location, orientation, configuration, or room placement.
  • Customers are responsible for directing final placement of contents during pack-back.
  • Minor cosmetic damage, scuffing, or wear occurring during normal handling does not constitute negligence.

Customer is responsible for identifying items of extraordinary value or special placement requirements prior to pack-back.