Earth Tech is so confident in the quality of our stabilizations that we will guarantee them for 10 years after the work is finished. And we want you to be just as confident as we are. So you gain an unprecedented level of certainty, and you know you’ve chosen the most experienced and trusted stabilization firm in the industry.
We have earned our reputation over twenty-plus years and thousands of successful sinkhole stabilization projects.
That’s what makes the Earth Tech warranty unique. Other stabilization companies may offer you a warranty, but they might not be in business down the road when you need them.
Your family and your home deserve the best. Be certain with Earth Tech.
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Earth Tech's Exclusive 10 Year Warranty.
This Grouting Limited Warranty (sometimes referred to herein as the “Warranty”) is provided by Earth Tech (DE), LLC a/k/a Earth Tech (“Earth Tech”), whose address is 2620 Hunt Rd., Land O’Lakes, FL 34639. For a period of ten (10) years from the date of substantial completion of the original cementitious grouting work performed by Earth Tech on Customer’s project, and subject to the terms, limitations, conditions, provisions and exclusions set forth below, the cementitious grouting workmanship performed by Earth Tech, pursuant to Earth Tech’s express proposal/agreement with the undersigned Customer(s), is hereby warranted by Earth Tech, to the undersigned Customer(s), against a “material defect in workmanship” (as defined below, hereinafter referred to as a “Material Defect in Workmanship”).
Terms, Limitations, Conditions, Provisions and Exclusions
1. Material Defect in Workmanship. For purposes of this Warranty, and subject to the other terms, limitations, conditions, provisions and exclusions in this Warranty, a “Material Defect in Workmanship” shall only be deemed to have occurred if there has been Structural Damage (as defined below) to the portions of the primary building directly under which Earth Tech performed the warranted cementitious grouting, and such Structural Damage is solely due to a defect in, or failure of, the cementitious grouting workmanship and/or materials performed or provided by Earth Tech pursuant to Earth Tech’s express proposal/agreement with the undersigned Customer(s), and such Structural Damage is determined to exist pursuant to the claim provisions of this Warranty. The phrase “Structural Damage”, as used in this warranty, shall have the same meaning as the phrase “Structural damage” in Florida Statutes Section 627.706 (2012).
2. Claim and Investigation. In the event the Customer (or any permitted assignee of this Warranty) believes that a Material Defect in Workmanship covered by this Warranty has occurred, the Customer (or the permitted assignee of this Warranty) shall obtain a warranty claim form from Earth Tech, shall complete that form in full and provide any required attachments, and shall mail that completed claim form and attachments to Earth Tech via certified U.S. Mail, return receipt requested. If no claim form is received by Earth Tech within ten (10) days after the end of this ten (10) year warranty period, for a claim occurring within the ten (10) year warranty period, then this Warranty shall be null and void and of no further force or effect. After timely receipt of that completed claim form, with all required attachments, Earth Tech will retain a licensed structural engineer to investigate the claim by visiting the project site, performing a visual evaluation and preparing a report of said engineer’s findings.
If the structural engineer retained by Earth Tech determines that there is Structural Damage, or if the structural engineer retained by Earth Tech determines that there is no Structural Damage and the Customer disagrees with that determination and desires to pursue a claim under this Warranty, the Customer shall promptly retain and pay the Original Engineer (as defined herein below) to perform testing to investigate the cause of the Structural Damage and whether or not it is due to a Material Defect in Workmanship covered by this Warranty and to issue a report. That investigation shall include appropriate testing and analysis, and shall also include, at a minimum, at least two (2) deep SPT Borings in appropriate areas to determine if there is a Material Defect in Workmanship covered by this Warranty. The report must include a detailed description and analysis of the Structural Damage and the cause(s) thereof and whether or not the Structural Damages was caused by any Material Defect in Workmanship covered by this Warranty.
If that report indicates that there is a Material Defect in Workmanship covered by this Warranty, Earth Tech shall reimburse the Customer for the cost of the geotechnical investigation by said Original Engineer. However, the Customer shall be responsible for the engineering costs for: (a) the remediation design by the Original Engineer, (b) project supervision by the Original Engineer, including, without limitation, monitoring and reporting of the actual remediation work, (c) engineering reports, inspections and services which are requested by Earth Tech, which are reasonably necessary and/or required for Earth Tech’s warranty work, which are or may be necessary or required to obtain any and all permits and approvals to perform Earth Tech’s warranty work, and/or which are required pursuant to this Warranty, (d) supervising Earth Tech’s warranty work, (e) making inspections of the improvements and Earth Tech’s warranty work, (f) complying with Customer’s obligations pursuant to this Warranty, (g) rendering final approval [on behalf of the Customer] of Earth Tech’s warranty work based upon the terms of Earth Tech’s original proposal/agreement and this Warranty, and (h) communicating with, and providing information to, Earth Tech regarding any and all of the foregoing.
3. Remediation Plan. If the Original Engineer indicates in its report that there is a Material Defect in Workmanship covered by this Warranty, then the Customer shall have the Original Engineer design a remediation plan and specifications (which must comply with the terms of this Warranty and may not exceed the scope of this Warranty) to correct the alleged Material Defect in Workmanship. In preparing specifications and plans for remediation pursuant to this Warranty, the Original Engineer may not expand or change the scope or specifications of the original project, may not require any work other than re-grouting, may not require re-grouting any deeper than originally grouted in the areas to be re-grouted, may not require the use of any cementitious grout material other than the type originally used by Earth Tech on Customer’s project (or a reasonable equivalent agreed to by Earth Tech if the type of cementitious grout originally used by Earth Tech is no longer available from Earth Tech), and may only provide for re-grouting in the areas in which there has been a Material Defect in Workmanship by Earth Tech. Additionally, any cementitious or other grouting or stabilization labor, services and/or materials recommended by the Original Engineer, which exceed(s) the scope of this Warranty, shall be contracted by Customer with Earth Tech, and shall be paid by the Customer in full, before Earth Tech proceeds with any warranty work.
4. Repairs or Payment of Reasonable Cost of Repairs. If the Original Engineer indicates in its report that there is a Material Defect in Workmanship covered by this Warranty, then subject to all other terms, conditions, exclusions and limitations in this Warranty, Earth Tech will perform the work specified in the Original Engineer’s remediation plan specifications (which must comply with the terms of this Warranty and may not exceed the scope of this Warranty) or, at Earth Tech’s sole option, pay the Customer the reasonable cost of repairs covered by this Warranty. The foregoing shall be Earth Tech’s sole and exclusive obligation pursuant to this Warranty, and Customer’s sole and exclusive remedy pursuant to this Warranty. In no event shall Earth Tech’s total liability and cost (measured at Earth Tech’s then standard rates) pursuant to this Warranty exceed the total amount originally invoiced to the Customer for the original grouting work performed and provided solely by Earth Tech (and not a subcontractor).
5. Sole Warranty; Disclaimer. It is agreed and acknowledged that this Warranty is the only warranty provided by Earth Tech, and is in lieu of any and all other warranties (express or implied), if any, and is in lieu of any right to recover any losses and/or damages from Earth Tech. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES IN EARTH TECH’S PROPOSAL/AGREEMENT WITH THE CUSTOMER AND/OR THIS DOCUMENT, INCLUDING, BUT NOT LIMITED TO, NO IMPLIED WARRANTY OF MERCHANTABILITY, AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE. IN NO EVENT WHATSOEVER SHALL EARTH TECH (OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INSURANCE COMPANY OR AGENTS) BE LIABLE FOR ANY LOSSES, DAMAGES, EXPENSES OR INJURIES OF ANY KIND SUFFERED OR INCURRED BY CUSTOMER, NOR FOR ANY LOSSES, EXPENSES OR DAMAGES OF OR TO ANY IMPROVEMENT, WHETHER ANY SUCH LOSSES, DAMAGES, EXPENSES OR INJURIES ARE DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, GENERAL AND/OR CONSEQUENTIAL, AND REGARDLESS OF WHETHER ANY SUCH CLAIM OR CLAIM OF LOSS, DAMAGE, EXPENSE AND/OR INJURIES IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE (INCLUDING BUT NOT LIMITED TO GROSS NEGLIGENCE OF EARTH TECH, AND WHETHER OR NOT SUCH NEGLIGENCE IS SOLELY BY EARTH TECH, ITS EMPLOYEES OR AGENTS AND/
OR ANY OTHER PERSON OR ENTITY) AND/OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. No claim or action for any losses, damages, expenses and/or injuries shall be asserted by the Customer (or any assignee of Customer) against Earth Tech, and the Customer agrees to hold Earth Tech harmless therefor.
6. Assignment. Except as expressly provided herein, this Warranty is non-transferrable and non-assignable. Notwithstanding the foregoing, this Warranty (in its entirety) may be transferred and assigned by the Customer, to the transferee(s) of legal title to the property, upon full satisfaction of, and compliance with, all of the following terms and conditions within ten (10) calendar days after the date of execution of the deed or other instrument conveying legal title to the property to any such transferee(s): (a) execution of a written, dated and notarized assignment of this Warranty by the Customer to all of the transferees of legal title to the property; (b) such assignment must expressly name this Warranty by title, must name Earth Tech as the company providing this Warranty, must contain language assigning and transferring this Warranty (and all rights, claims and actions thereunder) to the transferee(s) in full (and not in part), must identify the property, must expressly identify the names of the Customer and all transferee(s) of legal title, must contain language whereby all such transferees agree to all of the terms and conditions of this Warranty, and must be signed by each Customer and each transferee; (c) delivery to, and receipt by, Earth Tech of that original assignment; and (d) delivery to, and receipt by, Earth Tech of a copy of the deed or other instrument of conveyance of legal title to the property to those transferee(s). This Warranty may not otherwise be transferred or assigned. In no event may this Warranty (or any right, claim or action hereunder) be transferred or assigned in part, nor may this Warranty be transferred or assigned to any person(s) and/or entity who/which does not then own legal title to the property, nor may this Warranty be transferred or assigned to any person or entity which holds equitable and/or beneficial title, but not legal title, to the property, nor may any right, claim and/or cause of action be transferred separate or apart from this Warranty. Any violation of any of the foregoing shall void this Warranty, and all existing and future claims. Conveyance or transfer of any part or all of legal title to the property without timely and full compliance with all of the foregoing transfer requirements shall void this Warranty, and all existing and future claims, and no other transfer or assignment, or attempted transfer or assignment, shall be valid or enforceable. In the event of a permitted assignment of this Warranty, the permitted assignee(s)/transferee(s) of this warranty shall be and become the Customer pursuant to this Warranty, and shall have all rights, obligations, duties and responsibilities of the original Customer.
Notwithstanding anything herein to the contrary, this Warranty shall terminate, and be and become immediately null and void: (i) upon any transfer or change of legal ownership of all or any part of the real property upon which the grouting work was performed by Earth Tech, unless this Warranty is timely and properly transferred by the Customer, to the new owner(s), in accordance with all of the transfer requirements and restrictions set forth in this Warranty (in which event, such new owner(s) shall also be considered the Customer pursuant to this Warranty; (ii) upon any transfer or change of equitable or beneficial ownership of all or any part of the real property upon which the grouting work was performed by Earth Tech; (iii) upon any foreclosure sale of Customer’s property and/or deed in lieu of foreclosure; and/or (iv) in the event of any additions or structural changes to the improvements on the real property grouted by Earth Tech. This Warranty is given to the Customer only, and there are no third party beneficiaries hereof.
7. Warranty Conditions. Notwithstanding any thing else in this Warranty to the contrary, this Warranty shall not be or become effective, and shall be void and of no force or effect, unless and until the Customer timely pays all sums owed to Earth Tech pursuant to the proposal/agreement, and this Warranty is signed, by both Earth Tech and each Customer, after the date all sums owed to Earth Tech are paid in full. The Customer agrees and acknowledges that this Warranty is not a contract or policy of insurance, Earth Tech is not an insurer or insurance company, and this Warranty shall in no way be interpreted to hold Earth Tech as an insurer.
8. Original Engineer. The phrase “Original Engineer”, as used in this Warranty, shall mean the original geotechnical engineering firm/company of record for Customer’s grouting project performed by Earth Tech, whether such firm/company is using its original name or a new name, or a successor engineering firm/company which acquired the liabilities of the original engineering firm/company.
If the Original Engineer is no longer in the business of providing geotechnical engineering services, the Customer may hire a substitute geotechnical engineering firm/company to perform the duties of the Original Engineer pursuant to this Warranty. In such an event, Customer shall first attempt to hire the geotechnical firm/company where the actual licensed engineer, who signed the engineering report/recommendation for Customer’s project, is then presently employed. Notwithstanding the foregoing, no engineering firm/company may be hired as a substitute engineering firm/company by Customer unless such substitute engineering firm/company is fully licensed to render geotechnical engineering services in the Sate of Florida, has errors and omissions insurance in an amount acceptable to Earth Tech, has Florida licensed geotechnical engineers experienced in designing and supervising geotechnical remediation and grouting programs, has an excellent reputation in the geotechnical community, and in any event, the hiring of any such substitute engineering firm/company shall be expressly conditioned upon Earth Tech’s prior review and approval of such substitute engineering firm/company in writing, which approval may be withheld by Earth Tech for any reason in its sole and unbridled discretion. In the event a substitute geotechnical engineering firm/company is hired in compliance with the terms and conditions of this Warranty, such substitute geotechnical engineering firm/company shall be the “Original Engineer” for purposes of this Warranty. Failure of Customer to promptly hire the Original Engineer, as provided pursuant to the requirements of this Warranty, shall void this Warranty.
9. Structural and Cosmetic Repairs After the Original Work by Earth Tech. Earth Tech’s obligations, and Customer’s rights, pursuant to this Warranty shall be expressly contingent upon the Customer (promptly after completion of Earth Tech’s original grouting work on this project) having structural and cosmetic repairs made to the improvements by one or more licensed contractors, so that all then existing structural and cosmetic problems, defects and issues are fully and properly repaired, and repaired in accordance with any and all applicable rules, codes and laws and pursuant to all required building permits. Before Earth Tech shall be required to perform any warranty work pursuant to this Warranty, the Customer must provide Earth Tech with proof of such timely repairs and the extent of such repairs. Earth Tech shall not be responsible for the structural integrity of any improvement before, during or after any grouting or warranty work, nor responsible for the condition of any portion of any improvement.
10. Warranty Reporting Period. Customer shall, within thirty (30) days after Customer first knows or has reason to know of any Material Defect in Workmanship, Structural Damage and/or substantial downward movement of the portions of the primary improvement directly under which Earth Tech performed the warranted cementitious grouting, notify Earth Tech of such (in writing), which notice must be sent by certified mail, return receipt requested, to Earth Tech at Earth Tech’s address set forth above (or such other address as Earth Tech may provide Customer). If Customer fails to so notify Earth Tech, or if no such notice is received by Earth Tech within the ten (10) year warranty period, then this Warranty shall be void and of no further force or effect.
11. Conditions and Exclusions. Notwithstanding any other provision(s) contained in this document or the proposal/agreement with the Customer, this Warranty excludes, and does not and shall not apply to, include or cover, any Structural Damage, movement(s), defects, losses and/or damages related to or arising out of, whether in whole or in part: (i) any acts of god, including, without limitation, any earthquake, severe wind, flood, fire, vandalism, drought, excessive soil saturation, change in the water table, expansive clay soils, organic soils, further or new subsidence or sinkhole, and/or any change in any existing subsidence or sinkhole; (ii) any man-made condition by anyone other than Earth Tech; (iii) any subsidence and/or sinkhole (or any portion thereof) which was not grouted by Earth Tech pursuant to its original proposal/agreement; (iv) movement or defects in or under any portion of any improvement which was not grouted by Earth Tech pursuant to the original proposal/agreement with Customer; (v) any subsidence(s) or sinkhole(s) on any adjacent property; (vi) any existing concrete, foundation, slab, wall and/or footing which is defective, insufficient or inadequate in width, thickness, structural integrity and/or strength; (vii) any act, negligence, error, omission or condition by anyone other than Earth Tech; (viii) any error, omission or defect in any design, engineering and/or testing by the Customer, the Customer’s agents, other contractors or professionals, including without limitation any engineer or architect; (ix) failure of, defects in, or the inadequacy of, any existing improvements, construction, materials and/or repairs; (x) any unknown or hidden conditions; and/or (xi) movement due to or arising out of any differential settlement of any portions of any improvement which was not grouted by Earth Tech.
In addition, and notwithstanding any other provision(s) of this Warranty, this Warranty excludes, shall not apply to, include or cover, and Earth Tech shall not in any way be liable for, and Earth Tech shall have no obligation to repair, perform or pay for: (i) any investigations, tests, inspections, supervision, engineering services, reports or labor (other than those which are the express obligation of Earth Tech pursuant to this Warranty, if any); (ii) any repairs to the property (other than those which are the express obligation of Earth Tech pursuant to this Warranty, if any) and/or any improvements or structures of any type (including, without limitation, no cosmetic or structural work and/or repairs) which occur as a result of any movement, defects in labor, workmanship and/or materials, and/or any warranty repairs or materials provided by Earth Tech; (iii) any insurance deductibles; (iv) any damage to, or repairs or replacement of, any landscaping, utilities, french drains, septic systems, wells, sprinkler system, pools, patios, spas, walls, wall coverings, drywall, windows, doors, framing, slab, sidewalk, footing, floors, flooring, roof system, appliances, HVAC, electrical, plumbing, fixtures, and/or any other improvements, fixtures and/or items of tangible personal property on or about the property, occurring as a result of, or arising out of, any work, any movement, any covered Material Defect in Workmanship, and/or any warranty repairs or materials; (v) any injuries (including death) of or to any person or animal arising out of any movement, work, covered Material Defect in Workmanship, and/or warranty repairs or materials; (vi) any type of grouting labor or materials not included when the original grouting work was performed by Earth Tech; (vii) any replacement or repair of any concrete or concrete flatwork removed or damaged during any work, any movement, any covered Material Defect in Workmanship and/or any warranty repairs or materials; (viii) any grouting or other stabilization work other than the cementitious grouting originally performed by Earth Tech; (ix) any work performed by a subcontractor; (x) any underpinning, any chemical grouting or any other type of stabilization work other than labor and materials for cementitious grouting by Earth Tech; (xi) any materials except as expressly set forth in this Warranty; (xii) grouting to any depth beyond that which was originally grouted by Earth Tech in area(s) in which there is a Material Defect in Workmanship; (xiii) any living or housing expenses, or any other consequential damages or losses from Earth Tech’s original work and/or any warranty work; and (xiv) any attorneys fees or costs, there being no attorneys fee clause as part of this Warranty.
Earth Tech’s obligations pursuant to this Warranty shall be expressly contingent upon the Customer fully and timely complying with any and all obligations and responsibilities of Customer under this Warranty.
12. Binding Arbitration. Except as expressly provided below, the Customer and Earth Tech hereby agree that any and all claims, controversies and disputes relating to or arising out of this Warranty, the interpretation of this Warranty and/or any breach of this Warranty, shall be resolved and settled solely through binding arbitration through the American Arbitration Association, using the Commercial Arbitration Rules of that association except as modified in this paragraph, and any right to a court action or class action lawsuit is hereby waived in full, including the right to any jury trial. Judgment upon any award rendered by the arbitrator may be entered by any court in Hillsborough County, Florida, with jurisdiction over such award. The parties to the arbitration shall have reasonable rights of discovery, as determined by the arbitrator, including, without limitation, a reasonable number of depositions as determined by the arbitrator. Such discovery, to the extent allowed, shall be proceed pursuant to, and be governed by, The Florida Rules of Civil Procedure, and all privileges provided by rule or law for civil and criminal court proceedings shall also apply to the arbitration proceedings. The arbitrator shall have the power to issue subpoenas, and such subpoenas may be enforced in the manner provided by law for the service and enforcement of subpoenas. The arbitration hearing and all other arbitration proceedings shall be held exclusively in Hillsborough County, Florida. The arbitrator’s fee shall be split evenly between all of the parties and shall be paid immediately upon invoice which may be in advance of and/or subsequent to the arbitration. Each party shall bear their own attorneys fees, costs and other expenses. The arbitrator shall be either a licensed attorney, or a retired judge, who is experienced in construction law. The statute of limitations applicable to civil actions and proceedings shall also apply to this arbitration.