01

Agreement to These Terms

These Terms of Service ("Terms") govern your use of the website at blacksheepbuild.com (the "Site") and the construction, pool building, concrete, excavation, and outdoor design services (the "Services") provided by Black Sheep Construction LLC, a Tennessee limited liability company and licensed Tennessee general contractor ("Black Sheep," "we," "us," or "our").

By using the Site, requesting an estimate, communicating with us by phone, text, email, or through our virtual assistant, or engaging us for Services, you agree to these Terms. If a signed written contract, proposal, or change order exists between you and Black Sheep for a specific project, the terms of that signed document control over these Terms wherever they conflict. These Terms fill in everything the signed documents do not.

If you do not agree to these Terms, do not use the Site or engage our Services.

02

Estimates & Proposals

  • Estimates are not final pricing. Any estimate, quote, or ballpark figure provided by phone, text, email, website form, or our virtual assistant is a good-faith approximation based on the information available at the time. Final pricing is established only in a signed written proposal or contract.

  • Estimates expire after 30 days unless a different validity period is stated in writing. Material and labor markets move; expired estimates may be re-priced.

  • Site visits may be required. Pools, excavation, and structural work in particular cannot be accurately priced without evaluating the property, soil, grade, and access.

  • Scope is what's written. A proposal covers only the work, materials, and finishes expressly described in it. Anything not listed is excluded and, if requested, will be handled as a change order.

  • Estimates assume normal working conditions, reasonable equipment access, and no concealed or unforeseen site conditions (see Section 07).

03

Change Orders

Changes happen — we just handle them in writing so there are no surprises on either side.

  • All changes to scope, materials, finishes, or schedule must be documented in a written change order (paper or electronic, including e-signature) describing the change, the price adjustment, and any schedule impact, signed or electronically approved by both parties before the changed work begins.

  • Verbal change requests are not binding. Work requested verbally and performed without a written change order is performed at our discretion and billed at our standard time-and-materials rates.

  • Change orders may adjust the project schedule. Added scope means added time, and previously scheduled trade work may need to be re-sequenced.

  • Payment for change order work is due per the payment terms in the change order, or if none are stated, with the next scheduled progress payment.

  • Changes required by building officials, inspectors, or code requirements discovered during the work are treated as change orders and billed accordingly.

04

Deposits & Payment Terms

  • Deposit. Projects require a deposit at contract signing as stated in your proposal. Deposits secure your place on our schedule and fund initial materials, engineering, and permitting. Except as required by law or expressly stated in your contract, deposits are non-refundable once we have incurred costs, ordered materials, or reserved schedule capacity on your behalf.

  • Progress payments. Larger projects are billed in milestone-based progress payments tied to completed phases (e.g., excavation, shell, decking, finish). The milestone schedule is set out in your contract or proposal.

  • Final payment is due upon substantial completion of the work described in the contract. Minor punch-list items do not justify withholding final payment; we will complete documented punch-list items promptly after final payment.

  • Invoices are due upon receipt unless otherwise stated. Amounts unpaid after 10 days are past due.

  • Late charges. Past-due balances accrue a late charge of 1.5% per month (18% per annum) or the maximum rate permitted by Tennessee law, whichever is less, plus reasonable costs of collection, including attorney fees where permitted.

  • Suspension of work. We may suspend work, deliveries, and warranty service on any project with a past-due balance. Schedule slots lost to suspension are rescheduled at our next availability.

  • Returned payments are subject to a returned-payment fee plus any bank charges we incur.

  • Lien rights. As a licensed Tennessee contractor, Black Sheep retains all mechanics' and materialmen's lien rights under Tennessee Code Annotated, Title 66, Chapter 11, for labor and materials furnished and not paid for.

05

Scheduling, Weather & Delays

We build outdoors in East Tennessee. Weather is a working condition, not an excuse — but it is also physics.

  • Start dates and completion dates are good-faith estimates, not guarantees, unless a signed contract expressly states a guaranteed date.

  • Weather delays. Rain, saturated soils, freezing temperatures, extreme heat, and other weather conditions can make excavation, concrete pours, gunite/shotcrete, plaster, and finish work impossible or unsafe. Weather-affected work is rescheduled to the next suitable window, and the project timeline extends accordingly without penalty to Black Sheep.

  • Concrete and plaster are weather-critical. Pours and finishes will not be performed in conditions that compromise cure quality, even if it means rescheduling on short notice. That protects your finished product.

  • Force majeure. We are not liable for delays caused by events beyond our reasonable control, including weather, natural disasters, fire, flood, epidemics, labor disputes, material shortages, supplier or manufacturer delays, utility provider delays, permit and inspection backlogs, or governmental action.

  • Customer-caused delays — including delayed selections, delayed payments, restricted site access, unapproved change requests, or interference with the work — extend the schedule and may result in remobilization charges.

  • Inspection scheduling is controlled by local building authorities, not by Black Sheep. We schedule inspections promptly, but their availability affects the timeline.

06

Customer Responsibilities

A smooth project is a team effort. As the property owner or authorized agent, you agree to:

  • Access. Provide continuous, unobstructed access to the work area during working hours, including gate codes, keys, or lock combinations where needed, and adequate space for equipment, deliveries, dumpsters, and material staging. Excavation and pool projects require equipment-width access; you are responsible for disclosing access limitations before contracting.

  • Utilities. Provide water and electrical power at the site at no cost to Black Sheep, unless otherwise agreed in writing.

  • Private underground lines. We call Tennessee 811 for public utility locates before we dig. Tennessee 811 does not mark private lines — irrigation, landscape lighting, private gas runs to grills or pool heaters, septic lines and tanks, drainage pipes, invisible pet fences, and private electrical runs. You are responsible for identifying and disclosing all private underground installations before excavation. We are not responsible for damage to unmarked or undisclosed private lines.

  • Accurate property information. Disclose property lines, easements, HOA restrictions, septic locations, wells, and any known site conditions. Obtaining HOA or architectural review approval is your responsibility unless we agree in writing to handle it.

  • Selections and decisions. Make material, finish, and design selections by the deadlines we provide. Late selections delay the schedule and may affect pricing.

  • Clear the work area. Remove or protect vehicles, furniture, planters, valuables, and personal property from work and access areas before work begins.

  • Pets and children. Keep pets and children away from the work area at all times. An active construction site — especially an open pool excavation — is dangerous. You are responsible for site safety with respect to household members, guests, and pets outside our working hours.

  • Occupied-property realities. Construction generates noise, dust, vibration, and truck traffic during working hours. Reasonable amounts of each are inherent to the work and are not defects.

  • Permits. Unless stated otherwise in your contract, Black Sheep obtains required building permits for our scope of work; permit and plan-review fees are billed to the project. Work you hire others to perform is permitted by them, not us.

07

Hidden & Unforeseen Site Conditions

No one can see through dirt. Estimates and contracts assume normal soil and site conditions unless stated otherwise.

  • If we encounter rock requiring blasting or hammering, groundwater, springs, unstable or unsuitable soils, buried debris, old foundations, tanks, unmarked lines, or contaminated material, we will stop affected work, notify you, and price the additional work as a change order before proceeding.

  • Rock excavation, dewatering, engineered fill, over-excavation, and soil remediation are excluded from base pricing unless expressly included in your proposal.

  • In renovation and demolition work, concealed conditions behind or beneath existing construction (rot, prior code violations, improper past work, pest damage) are handled the same way: documented, priced, and approved before we proceed.

08

Materials, Allowances & Substitutions

  • Allowances stated in a proposal are budgeting placeholders for items not yet selected. Selections above the allowance are billed as the difference; selections below it are credited.

  • Natural and manufactured variation. Stone, tile, wood, stamped and stained concrete, pool plaster, and pebble finishes vary naturally in color, veining, and texture. Samples and photos are representative, not exact. Variation within industry standards is not a defect.

  • Substitutions. If a specified product becomes unavailable or its lead time threatens the schedule, we may propose an equal-or-better substitution for your approval.

  • Ownership of materials passes to you upon final payment. Until then, materials on site remain our property, and surplus materials remain ours unless you have paid for them specifically.

09

Warranty

Workmanship warranty. Black Sheep warrants its labor and workmanship against defects for a period of one (1) year from substantial completion, unless a longer period is stated in your signed contract. During the warranty period we will repair or, at our option, replace defective workmanship at no charge.

Manufacturer warranties. Equipment and products — pool pumps, heaters, filters, automation, salt systems, appliances, fixtures, roofing and building materials — carry their manufacturers' warranties, which we pass through to you. Manufacturer warranty claims are subject to each manufacturer's terms, and our role is limited to reasonable assistance in submitting them.

What the warranty does not cover:

  • Concrete cracking. Concrete cracks. Hairline and shrinkage cracking in slabs, driveways, decks, and flatwork is an inherent characteristic of the material, not a defect, and is expressly excluded. Control joints are placed to encourage cracking in planned locations, but cracking outside joints can still occur.

  • Pool interior finish variation. Mottling, shading, and color variation in plaster, quartz, and pebble finishes are normal characteristics of cementitious finishes and are excluded.

  • Water chemistry. Damage to pool surfaces, equipment, or heaters caused by improper water chemistry, freeze damage from failure to winterize, or failure to maintain the pool per industry guidelines.

  • Normal wear, fading, weathering, and settling; soil movement, erosion, and drainage patterns beyond our scope of work.

  • Damage caused by misuse, neglect, accident, alteration, or repair by anyone other than Black Sheep or its authorized subcontractors.

  • Acts of God, extreme weather, ground movement, and events outside our control.

  • Landscaping, sod, and plantings, which are living materials warranted only as expressly stated in writing.

Making a claim: Warranty claims must be submitted in writing (email preston@blacksheepbuild.com or text/call (865) 696-6120) during the warranty period, with a description and photos where possible. We will inspect and respond promptly. The warranty is void on projects with unpaid balances and is not transferable to subsequent property owners unless stated in your contract. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY TENNESSEE LAW.

10

Licensing & Insurance

  • Black Sheep Construction LLC is a licensed Tennessee general contractor and maintains general liability insurance and workers' compensation coverage as required by Tennessee law. Certificates of insurance are available on request.

  • You are responsible for maintaining homeowner's or property insurance on the property, including coverage for the structure and your personal property, throughout the project.

  • Subcontractors we engage are required to carry their own appropriate insurance.

11

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY TENNESSEE LAW:

  • Black Sheep's total liability arising out of or relating to a project, these Terms, or the Site shall not exceed the amount actually paid by you to Black Sheep for the specific work giving rise to the claim.

  • Black Sheep shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost use, lost profits, diminution in value, temporary housing, or emotional distress, even if advised of the possibility of such damages.

  • We are not responsible for damage to driveways, lawns, irrigation, landscaping, or surfaces within the agreed access and work areas that results from ordinary and reasonable use of construction equipment, provided we exercise reasonable care. Heavy equipment crossing a residential driveway or lawn leaves marks — that is inherent to the work.

  • We are not liable for pre-existing conditions, defects in work performed by others, or damage caused by trades or vendors you hire directly.

  • The Site and its content are provided "as is" without warranties of any kind. Content on the Site — including project photos, descriptions, and responses from our virtual assistant — is for general information and marketing purposes and does not constitute a binding offer, engineering advice, or a guarantee of specific results.

  • Nothing in this section limits liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct.

12

Dispute Resolution & Governing Law

We would rather fix a problem than fight about it. If you have a concern, call us first — most issues are resolved with a conversation and a crew.

  • Step 1 — Direct resolution. Notify us in writing of any dispute. The parties agree to attempt in good faith to resolve it through direct discussion for at least 30 days before pursuing any other remedy.

  • Step 2 — Mediation. If direct discussion fails, the parties agree to submit the dispute to non-binding mediation in Knox County, Tennessee, with a mutually agreed mediator, before filing suit. Mediation costs are split equally.

  • Step 3 — Courts. Any dispute not resolved by mediation shall be brought exclusively in the state courts of Knox County, Tennessee, and each party consents to the jurisdiction and venue of those courts.

  • Governing law. These Terms and all projects are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

  • Right to cure. Before initiating any claim alleging defective construction, you agree to provide Black Sheep written notice and a reasonable opportunity to inspect and cure, consistent with Tennessee's notice-and-opportunity-to-cure provisions for construction defect claims (Tenn. Code Ann. § 66-36-101 et seq.).

  • Attorney fees. In any action to collect unpaid amounts, the prevailing party is entitled to recover reasonable attorney fees and costs to the extent permitted by law.

  • Claims must be brought within the period required by Tennessee's applicable statutes of limitation and repose.

13

Cancellation

  • If your contract was signed in your home or otherwise qualifies as a home solicitation sale under Tennessee law, you may have a statutory three (3) business day right to cancel, as described in your contract documents. Where the law requires it, notice of that right is provided at signing.

  • After any applicable rescission period, cancellation before work begins forfeits the deposit to the extent of costs incurred, materials ordered, and schedule capacity reserved.

  • Cancellation after work begins requires payment for all work performed, materials ordered or installed, and demobilization costs through the date of cancellation.

  • We may terminate a project for non-payment, repeated denial of access, safety concerns, or your material breach of the contract, after written notice and a reasonable opportunity to correct the issue.

14

Text Messages, Calls & Virtual Assistant

We use modern tools — including an AI-powered virtual assistant and text messaging through our business management platform — to respond fast and keep your project moving.

  • Consent to be contacted. By providing your phone number through the Site, a web form, a phone call, or a text message to us, you consent to receive calls and SMS/text messages from Black Sheep Construction, including messages sent by automated systems and our AI virtual assistant, regarding your inquiry, estimates, scheduling, project updates, and invoices. Consent to receive texts is not a condition of purchasing any service.

  • Message frequency varies by project activity. Message and data rates may apply according to your mobile carrier plan.

  • Opt out anytime by replying STOP to any text message. Reply HELP for help, or contact us at (865) 696-6120 or preston@blacksheepbuild.com.

  • AI virtual assistant. Some calls and messages may be answered or responded to by an AI assistant. It can take messages, answer common questions, and help schedule; it cannot bind Black Sheep to pricing, scope, or contract terms. Anything quoted or promised by the assistant is subject to written confirmation by a human at Black Sheep.

  • We do not sell your phone number or messaging data. Mobile opt-in information is not shared with third parties for their marketing purposes.

  • Call and message records may be retained for quality, training, and business records purposes.

15

Website Use, Content & Photos

  • All content on the Site — text, logos, the Black Sheep name and marks, photographs, designs, and code — is the property of Black Sheep Construction LLC or its licensors and may not be copied, scraped, or reused without written permission.

  • You agree not to misuse the Site, attempt to disrupt it, submit false inquiries, or use it to send unlawful or abusive content.

  • Project photography. Unless you tell us otherwise in writing, we may photograph and video our work on your project and use that media in our portfolio, website, and marketing. We do not publish your name, street address, or identifying personal details without permission.

  • The Site may link to third-party sites and services we do not control and are not responsible for.

16

Changes to These Terms & Contact

We may update these Terms from time to time. The effective date at the top reflects the latest revision, and continued use of the Site or Services after an update constitutes acceptance. If any provision of these Terms is held unenforceable, the rest remain in full effect. Our failure to enforce any provision is not a waiver of it.

Questions about these Terms?

Terms of Service