Terms & Conditions of Service

Agreement Overview

These Terms and Conditions (“Agreement”) are incorporated into and made part of all estimates, proposals, service agreements, and invoices issued by O’Brien Electrical Contracting, LLC (“Contractor”). Acceptance of any estimate, payment of deposit, digital approval, signature, or authorization to commence work constitutes binding acceptance of this Agreement.



Section A – Payment Terms

A.1 Deposit Requirement

A non-refundable deposit of fifty percent (50%) of the total contract amount is required prior to scheduling, procurement of materials, or commencement of work unless otherwise agreed in writing.

A.2 Final Payment

The remaining balance is due immediately upon substantial completion of the contracted scope of work.

A.3 Past Due Accounts

Any invoice not paid within five (5) calendar days of completion shall be deemed past due and in default.

A.4 Interest on Unpaid Balances

All past due amounts shall accrue interest at the maximum rate permitted under Pennsylvania law, not to exceed eighteen percent (18%) per annum (1.5% per month), or the highest lawful rate allowable, whichever is less, until paid in full.

A.5 Acceleration of Balance

Upon default, Contractor may declare the entire unpaid contract balance immediately due and payable without further notice.

A.6 Suspension of Work

Contractor reserves the right to suspend or terminate work for non-payment without liability for delay or damages. Remobilization shall be subject to additional charges.

A.7 Collection Costs & Attorney’s Fees

Client agrees that if Contractor is required to pursue collection, enforce this Agreement, file a mechanic’s lien, initiate legal proceedings, or retain counsel, Client shall be responsible for all costs incurred by Contractor, including but not limited to:

Reasonable attorney’s fees

Court costs

Filing fees

Service fees

Mechanic’s lien preparation and filing costs

Collection agency fees

Administrative recovery costs

This obligation applies whether or not litigation is formally commenced and shall survive completion or termination of the Agreement.

A.8 Right to Legal Action

Contractor expressly reserves the right to pursue all legal and equitable remedies available under Pennsylvania law in the event of non-payment or breach of this Agreement, including filing suit, enforcing mechanic’s lien rights, seeking judgment, wage garnishment, property attachment, or any other lawful collection remedies.

A.9 Venue and Jurisdiction

Any legal action arising from this Agreement shall be brought in a court of competent jurisdiction within the Commonwealth of Pennsylvania, in the county where the project is located or where Contractor maintains its principal place of business.

Section B – Scheduling, Delays & Rescheduling

B.1 Scheduling Confirmation

Project scheduling is secured upon receipt of the required deposit. Scheduled dates are reserved exclusively for Client.

B.2 Notice Requirement

Client agrees to provide a minimum of twenty-four (24) to forty-eight (48) hours’ advance notice for any requested rescheduling or cancellation.

B.3 Emergency Circumstances

Contractor understands that legitimate emergencies may arise. Contractor will make reasonable efforts to accommodate emergency rescheduling without penalty when timely communication is provided. Determination of emergency circumstances shall be at Contractor’s reasonable discretion.

B.4 Customer-Caused Delays

If the project is delayed, interrupted, or rescheduled due to circumstances not caused by Contractor, including but not limited to:

Customer unavailability

Failure to prepare site

Other trades not completing required work

Utility delays

Inaccessible work areas

Failure to provide approvals

Contractor reserves the right to assess a rescheduling or remobilization fee.

B.5 Rescheduling / Remobilization Fee

If less than twenty-four (24) hours’ notice is provided or Contractor arrives and cannot perform work due to site readiness or access issues, a minimum fee of Two Hundred Fifty Dollars ($250.00) or actual mobilization costs, whichever is greater, may be charged.

B.6 Extended Delays

Project delays exceeding fourteen (14) calendar days may require revised pricing to reflect updated labor scheduling and material costs.

Section C – Scope of Work & Change Orders

C.1 Scope Limitation

Work shall be limited strictly to the written scope described in the estimate or proposal.

C.2 Additional Work

Any work requested outside the original scope shall require written approval and may result in additional charges.

C.3 Unforeseen Conditions

Pricing is based on visible and accessible conditions at time of estimate. Concealed conditions including hidden junction boxes, damaged conductors, structural obstacles, outdated wiring methods, or code violations may require additional labor and materials.

C.4 Suspension of Work

Contractor reserves the right to suspend work until unforeseen conditions are evaluated and approved in writing.

Section D – Warranty

D.1 Workmanship Warranty

Contractor provides a limited workmanship warranty of fourteen (14) calendar days from the date of substantial completion unless otherwise specified in writing.

D.2 Warranty Coverage

Warranty applies only to defects directly resulting from Contractor’s workmanship.

D.3 Exclusions

Warranty does not cover:

Customer-supplied materials

Manufacturer defects

Pre-existing conditions

Code violations not corrected within scope

Power surges, lightning, or utility issues

Water intrusion or moisture damage

Rodent or pest damage

Acts of God

Alterations or work performed by others

D.4 No System-Wide Guarantee

Contractor does not guarantee the overall condition or performance of the entire electrical system unless expressly stated in writing.

Section E – Work Outside Scope & Pre-Existing Conditions

E.1 No Responsibility for Systems Outside Scope

Contractor shall not be responsible for the performance or failure of any electrical components, wiring, panels, devices, equipment, or systems not expressly included in the written scope of work.

E.2 Pre-Existing Conditions

Client acknowledges that concealed damage, improper prior installations, deterioration, overloaded circuits, outdated wiring methods, and non-code compliant work performed by others may exist.

E.3 No Presumption of Fault

If unrelated electrical components fail after completion of work, such failures shall not be presumed to have been caused by Contractor.

E.4 Billable Evaluation

Investigation or repair of issues outside the defined scope shall be billed at standard service rates.

Section F – Permits, Inspections & Utilities

F.1 Permits

Permits will be obtained where required unless otherwise agreed in writing.

F.2 Inspection & Utility Delays

Contractor is not responsible for delays caused by inspectors, Authorities Having Jurisdiction (AHJ), or utility providers.

F.3 Utility Coordination

Utility scheduling, disconnections, reconnections, and service upgrades are outside Contractor’s control.

Section G – Customer Responsibilities

G.1 Site Access

Client shall provide safe and unobstructed access to all work areas.

G.2 Work Area Preparation

Client is responsible for removal of furniture and personal property.

G.3 Repairs Not Included

Drywall, plaster, painting, trim, flooring, landscaping, and cosmetic repairs are not included unless explicitly stated.

Section H – Limitation of Liability

H.1 Liability Cap

Contractor’s liability for any claim shall be limited to the total amount paid under the contract.

H.2 No Consequential Damages

Contractor shall not be liable for incidental, indirect, special, or consequential damages.

H.3 Workmanship Limitation

Contractor shall not be liable for damages arising from conditions not created directly and solely by Contractor’s negligent workmanship.

Section I – Mechanic’s Lien Rights

Contractor expressly reserves all rights to file and enforce a mechanic’s lien in accordance with Pennsylvania law in the event of non-payment.

Section J – Acceptance of Terms

Client acknowledges that these Terms and Conditions were made available prior to execution and that Client has had the opportunity to review them before authorizing work.

Approval of estimate, payment of deposit, digital signature, or authorization to begin work constitutes full acceptance of these Terms and Conditions.

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