Terms & Conditions
Last updated: October 28, 2025
Welcome to Byers Site & Utility (“Byers,” “we,” “us,” or “our“). These Terms & Conditions govern: (A) the use of our website (the “Site“) located at byerssite.com, and (B) the provision of our services to customers (the “Services“). By accessing the Site or engaging us for Services, you agree to these Terms.
Service Area: New Jersey, Pennsylvania, Delaware, and Maryland.
Business Address: 218 Richwood Rd, Monroeville, NJ 08343.
Phone: (267) 574-6444.
NJ HIC Registration: #13VH12478700.
Read this carefully. These Terms include limits on liability, warranty disclaimers, and a dispute‑resolution clause.
PART A — TERMS OF SERVICE (PROJECT WORK)
1) Scope of Services
We perform site work, underground utility work, and excavation for commercial, industrial, and select residential projects. The exact scope, drawings/specifications, deliverables, pricing, and schedule for each project are defined in a written Proposal/Contract (including any plans, addenda, and change orders). If a term in the Proposal conflicts with these Terms, the Proposal controls for that project.
2) Estimates, Proposals & Validity
Written estimates and proposals are typically valid for 30 days unless otherwise stated. Pricing may change due to market conditions (e.g., fuel, trucking, materials, disposal, aggregates, pipe) and changes in scope, schedule, or site conditions.
3) Site Conditions & Utilities
- Access & staging. Customer will provide reasonable site access, staging areas, laydown space, and adequate working surfaces.
- Locates. Unless our Proposal states otherwise, Customer is responsible for utility locates (call 811) and for providing accurate as‑built information. We are not responsible for damage to unknown, unmarked, or mismarked utilities/structures.
- Unforeseen conditions. Rock, ledge, groundwater, unsuitable soils, contaminated materials, buried debris, archaeological finds, or hazardous substances are unforeseen conditions that may require a change order for time and cost. Dewatering and shoring are included only if expressly stated in the Proposal.
- Environmental & erosion control. Unless specified, temporary/permanent erosion and sediment controls, storm‑water compliance measures, testing, monitoring, permits, and off‑site treatment/disposal are Customer’s responsibility.
4) Permits, Approvals & Survey
Customer is responsible for obtaining all permits, approvals, and inspections required for the project unless our Proposal specifically includes them. Customer will provide benchmark/control, staking, and third‑party survey/layout unless otherwise stated.
5) Change Orders
Any change to scope, quantities, plans, schedule, or sequencing must be approved in writing via a Change Order. We will promptly notify Customer upon discovery of conditions that may affect time/cost.
6) Schedule, Delays & Force Majeure
We will exercise commercially reasonable efforts to meet schedule commitments. We are not liable for delays caused by factors beyond our control, including weather events, supply chain disruptions, labor shortages, owner/architect/engineer decisions, inspection/permit delays, third‑party acts/omissions, strikes, or force majeure.
7) Safety
We maintain a safety‑first jobsite culture and comply with applicable OSHA and state/local regulations. We may stop work if conditions are unsafe or if others’ activities create unacceptable risk, without liability for resulting delays.
8) Materials, Spoils & Disposal
Unless stated otherwise, cut/fill balancing, export/import of soils/aggregates, and off‑site disposal of spoils are excluded. If included, disposal facilities must accept materials without special handling. Contaminated or regulated materials handling is by change order.
9) Payment Terms
- Invoicing. We invoice as indicated in the Proposal (e.g., progress billing, milestones, T&M). If not specified, invoices are due Net 30 from invoice date.
- Late payment. Past‑due amounts may incur 1.5% per month (or the maximum allowed by law), plus reasonable costs of collection, attorney’s fees, and lien rights where applicable.
- Suspension. We may suspend work for non‑payment without liability and adjust schedule once payment is brought current.
10) Warranty
We warrant that our work will conform to the Proposal and be free from defects in workmanship for one (1) year from substantial completion, or as otherwise stated in the Proposal. Our warranty does not cover misuse, lack of maintenance, normal wear, design errors/omissions by others, or damage caused by third parties, acts of God, or changes to site conditions after completion. Remedy: repair or replace the deficient work at our option. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11) Insurance & Risk Allocation
We maintain industry‑standard insurance and can provide a certificate of insurance upon request. Additional insured, primary/non‑contributory, and waiver of subrogation endorsements are available if agreed in writing and may affect price.
12) Indemnification
To the fullest extent allowed by law, each party will indemnify and hold harmless the other party (and its officers, employees, and agents) from third‑party claims to the extent caused by its own negligent acts or omissions.
13) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO ANY PROJECT SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US FOR THE SPECIFIC PROJECT, OR THE AMOUNT RECOVERABLE UNDER OUR APPLICABLE INSURANCE, WHICHEVER IS GREATER. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, OR DELAY DAMAGES.
14) Termination
Either party may terminate for material breach if the breach is not cured within 10 days after written notice. Customer may terminate for convenience upon 15 days’ written notice; we shall be paid for work performed to date, demobilization, restocking, and reasonable overhead/profit on work not performed.
15) Dispute Resolution & Governing Law
The parties will first attempt to resolve disputes through good‑faith executive negotiation. If unresolved, the dispute will be submitted to non‑binding mediation in Gloucester County, New Jersey. If still unresolved, the dispute shall be resolved by binding arbitration administered by the AAA (Construction Industry Rules) in Gloucester County, NJ. These Terms and any Project are governed by the laws of the State of New Jersey, without regard to conflicts of law.
PART B — WEBSITE TERMS OF USE
16) Ownership & Acceptable Use
The Site and its content (text, graphics, logos, photos, videos, trademarks) are owned by or licensed to Byers and are protected by U.S. and international laws. You may not copy, modify, distribute, or create derivative works without our prior written consent. You agree not to use the Site for unlawful or harmful purposes, or to attempt to interfere with its security or operation.
17) No Professional Advice
Information on the Site is for general information only and does not constitute engineering, legal, environmental, or other professional advice. You should consult appropriate professionals regarding your specific project or compliance obligations.
18) Third‑Party Links & Tools
The Site may link to third‑party websites or services. We are not responsible for their content, policies, or practices. Use of any third‑party sites or tools is at your own risk and may be subject to their terms.
19) Privacy
Our Privacy Policy explains how we collect, use, and share personal information. By using the Site, you consent to our data practices as described there. If the Site uses reCAPTCHA v3, it is subject to the Google Privacy Policy and Terms of Service.
20) Warranty Disclaimer (Website)
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. We do not warrant that the Site will be uninterrupted, error‑free, secure, or free of viruses.
21) Limitation of Liability (Website)
TO THE FULLEST EXTENT PERMITTED BY LAW, BYERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE.
22) Intellectual Property Notices
All trademarks, service marks, and trade names are the property of their respective owners. Nothing on the Site grants any license or right to use any trademark without our written permission or the permission of the third‑party owner.
23) Changes to the Site & Terms
We may update the Site and these Terms from time to time. Changes are effective upon posting to the Site with a new “Last updated” date. Your continued use of the Site constitutes acceptance of the updated Terms.
24) Contact
For questions about these Terms, Projects, or the Site, contact us at:
Byers Site & Utility
218 Richwood Rd, Monroeville, NJ 08343
(267) 574‑6444
[email protected]
Short‑form Summary (non‑binding)
- Proposals define the exact scope, price, schedule, and inclusions/exclusions.
- Unknown utilities/conditions and environmental issues are change‑order items.
- Invoices due Net 30 unless otherwise stated; late fees may apply.
- One‑year workmanship warranty; no consequential damages.
- NJ law; mediation then binding arbitration in Gloucester County, NJ.
- Website is provided as‑is; see Privacy Policy for data practices.