Terms & Conditions

Last Update: March 5, 2026

Legal Entity: Rubicon Construction LLC dba Lofty Built ("Lofty Built," "we," "us," or "our")

Physical Address: 21 North Montello St., Brockton, MA 02301, USA

Mailing Address: 1089 Commonwealth Avenue, No. 292, Boston, MA 02215

Contact: support@loftybuilt.com

Website: www.loftybuilt.com

Primary Service Area: Massachusetts (primary), Rhode Island (secondary)

1. Agreement to These Terms

These Terms and Conditions ("Terms") govern your use of the Lofty Built website (www.loftybuilt.com), any digital forms or tools we make available, and the renovation and construction services we provide. These Terms apply to all visitors, prospective clients, and current clients.

By accessing our website, submitting an inquiry form, requesting a quote, or entering into a written service agreement with Lofty Built, you agree to be bound by these Terms. If you do not agree, please do not use our website or engage our services.

These Terms should be read in conjunction with our Privacy Policy, which is incorporated herein by reference.

2. Scope of Services

2.1 General Services

Lofty Built provides full-service residential and commercial renovation and construction services, with a primary focus on kitchen and bathroom remodeling within Massachusetts and Rhode Island. Our services may include, without limitation:

Demolition and disposal
Cabinet supply and installation
Countertop fabrication and installation
Tile work, flooring, and finish carpentry
Plumbing and electrical rough-in and finish work (where included in scope)
Painting, trim, and related finishes

2.2 Scope Defined by Written Agreement

The specific scope of work for each project is defined exclusively by a written Proposal, Estimate, or Contract signed by both parties ("Service Agreement"). No verbal representations, social media posts, advertising materials, or informal communications constitute a binding commitment to perform any specific work or honor any specific price.

Work not explicitly included in the signed Service Agreement is considered out-of-scope and may be subject to change order pricing and approval before commencement.

2.3 The $10K Kitchen Refresh & Similar Promotions

Important: Promotional pricing concepts, including the "$10K Kitchen Refresh," represent a base target budget for standard scopes only. Final pricing is confirmed only after an in-person walkthrough and written proposal.

Base promotional scopes typically include demolition and disposal, standard shaker-style cabinetry, stone countertop and sink, and professional installation in a standard layout. Common items NOT included in base pricing include, but are not limited to:

Kitchen islands or peninsula additions
Permits and permit fees (quoted separately where required)
Plumbing or electrical relocation or upgrades
HVAC modifications
Structural modifications or layout changes
Premium material upgrades (e.g., custom cabinetry, luxury stone)
Crown molding, decorative trim, or specialty finishes
Appliance supply or installation

All promotional pricing is subject to: (a) on-site walkthrough and measurement verification; (b) availability of materials at the stated price tier; (c) the property being within our primary service area; and (d) execution of a written Service Agreement. Promotions may not be combined unless expressly stated in writing.

2.4 Service Area

Lofty Built primarily serves Massachusetts, with secondary service in Rhode Island. Projects outside this area may be considered on a case-by-case basis and may be subject to travel or mobilization fees, which will be disclosed in writing prior to any engagement.

3. Estimates, Proposals & Contracts

3.1 Estimates Are Not Fixed Bids

Any estimate, range, or budgetary figure provided by Lofty Built — whether on our website, in advertising, verbally, or via email — is an approximation only. It is not a binding fixed-price offer. Final pricing is established only in a signed written Service Agreement.

3.2 Proposal Validity

Written proposals prepared for a specific project are valid for 30 days from the date of issue, unless a different validity period is stated in the proposal. After expiration, Lofty Built reserves the right to revise pricing based on material costs, labor rates, or scope changes.

3.3 Change Orders

Any changes to the agreed scope of work — including additions, deletions, or substitutions — must be documented in a written Change Order signed by both parties before the changed work begins. Lofty Built will not be responsible for additional costs arising from undisclosed or changed site conditions where such conditions were not reasonably discoverable at the time of the initial site visit.

3.4 Client Responsibilities

The client is responsible for:

Ensuring accurate site access for walkthroughs, measurements, and project execution
Disclosing known site conditions, including the presence of hazardous materials (see Section 9)
Securing and maintaining required permits where the client has retained that responsibility per the Service Agreement
Making timely payments per the payment schedule in the Service Agreement
Timely decision-making regarding material selections; delays caused by the client may extend project timelines without fault of Lofty Built

4. Payments, Deposits & Refunds

4.1 Payment Schedule

Payment schedules are defined in each Service Agreement and typically include a deposit upon contract signing, milestone payments during construction, and a final payment upon project completion. The specific amounts and triggers for each payment will be detailed in your Service Agreement.

4.2 Deposits

Deposits are required to secure scheduling and initiate material procurement. Deposits are non-refundable once materials have been ordered or custom fabrication has commenced, except where Lofty Built is unable to perform the contracted work due to circumstances within our control.

4.3 Late Payments

Payments not received within 10 days of the due date specified in the Service Agreement may be subject to a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by Massachusetts law, whichever is less. Lofty Built reserves the right to pause work on a project where payment obligations are materially overdue.

4.4 Mechanic's Lien Rights

Massachusetts law provides contractors and subcontractors with mechanic's lien rights on residential and commercial properties for unpaid work. By entering into a Service Agreement, you acknowledge awareness of these statutory rights.

4.5 Promotions, Discounts & Referrals

All promotional pricing, referral credits, and discounts are subject to the following:

Minimum project values may apply, as specified in each promotion's terms
Offers cannot be combined with other discounts or promotions unless expressly stated in writing
Lofty Built reserves the right to modify, suspend, or discontinue any promotion or referral program at any time without prior notice
Promotional pricing applies only to new Service Agreements signed during the promotional period
Referral credits are issued after the referred client's project is completed and paid in full
Lofty Built reserves the right to disqualify any participant found to be abusing or misrepresenting a promotion

5. Permits & Regulatory Compliance

Whether permits are required and who is responsible for obtaining them will be specified in the Service Agreement. Where Lofty Built obtains permits on the client's behalf, associated fees are passed through at cost unless otherwise stated.

The client must not request that Lofty Built perform work that requires a permit without first obtaining that permit (or authorizing Lofty Built to do so). Lofty Built will not knowingly perform work in violation of applicable building codes or zoning regulations. If unpermitted work is discovered on-site that affects our scope, we reserve the right to pause work and notify the client before proceeding.

6. Project Timelines & Scheduling

Any timeline or schedule provided in a proposal or Service Agreement is an estimate made in good faith. Timelines may be affected by factors outside Lofty Built's reasonable control, including but not limited to:

Material lead times, supply chain delays, or back-orders
Adverse weather conditions
Unforeseen site conditions discovered during demolition or construction
Permitting or inspection delays by municipal authorities
Client-initiated change orders or delays in material selection
Subcontractor availability

Lofty Built will make reasonable efforts to notify the client of anticipated delays and to minimize schedule impact. We are not liable for damages arising from schedule delays caused by circumstances outside our reasonable control.

7. Workmanship Warranty

7.1 Lofty Built Workmanship Warranty

Lofty Built warrants that work we perform will be free from material defects in workmanship for a period of one (1) year from the date of substantial project completion, unless a different warranty period is specified in writing in the Service Agreement.

7.2 What Is Covered

Installation defects attributable to Lofty Built's labor
Structural defects in work performed by Lofty Built

7.3 What Is Not Covered

Defects in client-supplied materials
Normal wear and tear
Damage caused by misuse, neglect, unauthorized modifications, or failure to maintain
Pre-existing conditions present before our work commenced
Damage caused by Acts of God, flooding, fire, or other external events
Manufacturer defects in materials (these are covered by manufacturer warranties, which we will assist you in pursuing where possible)

7.4 Manufacturer Warranties

Materials and fixtures supplied by Lofty Built may carry separate manufacturer warranties. We will provide documentation for any such warranties at project completion. Manufacturer warranty claims are subject to each manufacturer's terms and conditions.

7.5 Warranty Claims

To submit a warranty claim, contact support@loftybuilt.com with a written description and photographs of the issue. We will respond within 10 business days and schedule an inspection if warranted. Warranty remedies are limited to repair or replacement of the defective workmanship at Lofty Built's election.

8. Limitation of Liability

To the fullest extent permitted by applicable Massachusetts law:

Lofty Built's total liability to you for any claim arising out of or related to a project or these Terms shall not exceed the total amount actually paid by you to Lofty Built for the specific project giving rise to the claim
In no event shall Lofty Built be liable for indirect, incidental, consequential, special, or punitive damages, including loss of use, loss of profits, or loss of revenue, even if we have been advised of the possibility of such damages
These limitations apply regardless of the form of action, whether in contract, tort (including negligence), warranty, or otherwise

Nothing in these Terms limits liability that cannot be lawfully limited, including liability for gross negligence, willful misconduct, or fraud.

9. Hazardous Materials

Properties built before 1980 may contain asbestos-containing materials (ACM) or lead-based paint. Renovation activities can disturb these materials, creating health and legal risks.

The client represents and warrants that they have disclosed to Lofty Built, to the best of their knowledge, any known presence of hazardous materials on the property prior to project commencement.

If hazardous materials are discovered or suspected during the course of work, Lofty Built reserves the right to:

Immediately pause work in the affected area
Notify the client in writing
Require licensed abatement by a certified professional before work resumes

Abatement costs are not included in standard project pricing and will be addressed via change order. Lofty Built will not knowingly disturb or encapsulate known hazardous materials without proper abatement and documentation. We are not liable for undisclosed pre-existing hazardous materials.

10. Insurance & Licensing

Lofty Built maintains general liability insurance and workers' compensation insurance as required by Massachusetts law. Certificates of insurance are available upon written request prior to project commencement.

Lofty Built operates in compliance with Massachusetts Home Improvement Contractor (HIC) registration requirements and applicable contractor licensing laws. Our registration information is available upon request.

The client is encouraged to maintain their own homeowner's or property insurance during the course of renovation work. Lofty Built is not responsible for damage to the client's property or possessions that are not covered by our insurance or are excluded under our policy.

11. Force Majeure

Lofty Built will not be in breach of a Service Agreement and will not be liable for any delay or failure to perform its obligations where such delay or failure arises from causes beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, fire, flood, or severe weather
War, terrorism, civil unrest, or government action
Labor strikes or work stoppages not involving Lofty Built employees
Epidemics, pandemics, or public health emergencies
Supply chain disruptions, material shortages, or transportation failures
Discovery of hazardous materials requiring abatement (ACM, lead paint, mold)
Permitting delays caused by municipal or regulatory authorities

In a force majeure event, Lofty Built will notify the client promptly and will resume performance as soon as reasonably practicable. If a force majeure event continues for more than 60 consecutive days, either party may terminate the Service Agreement with written notice, with payment due for all work completed to date.

12. Project Cancellation & Termination

12.1 Cancellation by Client

A client may cancel a project by providing written notice to Lofty Built. Upon cancellation, the client is responsible for:

Payment for all work completed through the date of cancellation
Cost of all materials ordered or fabricated specifically for the project that cannot be returned or restocked
Any reasonable demobilization or restocking costs incurred by Lofty Built

Pre-paid deposits covering these amounts are non-refundable. Any amount prepaid in excess of these costs will be refunded to the client within 30 days.

12.2 Termination by Lofty Built

Lofty Built may terminate a Service Agreement upon written notice if:

The client materially breaches the Service Agreement and fails to cure the breach within 10 days of written notice
The client fails to make a required payment within 10 days of its due date
Site conditions make the project unsafe or unlawful to continue
The client engages in threatening, abusive, or discriminatory behavior toward Lofty Built employees or subcontractors

12.3 Service Refusal

Lofty Built reserves the right to decline to provide services to any prospective client for any lawful, non-discriminatory reason consistent with applicable federal and Massachusetts anti-discrimination laws. We do not discriminate on the basis of race, color, national origin, religion, sex, disability, age, familial status, or any other protected class.

13. Dispute Resolution

13.1 Good Faith Negotiation

In the event of any dispute arising from or related to a Service Agreement or these Terms, the parties agree to first attempt resolution through good faith negotiation. Either party may initiate this process by delivering written notice describing the dispute in reasonable detail. The parties will have 30 days from delivery of such notice to attempt informal resolution.

13.2 Mediation

If informal negotiation does not resolve the dispute within 30 days, either party may request non-binding mediation administered by a mutually agreed mediator in Massachusetts before pursuing arbitration or litigation. Mediation costs shall be shared equally between the parties.

13.3 Binding Arbitration

If mediation is unsuccessful or waived, any remaining dispute shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) Construction Industry Arbitration Rules, or a similar arbitration body agreed upon by both parties. Arbitration shall take place in Suffolk County or Norfolk County, Massachusetts. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Exception: Either party retains the right to seek emergency injunctive relief in a court of competent jurisdiction in Massachusetts to prevent irreparable harm, without waiving the right to compel arbitration.

13.4 Governing Law & Venue

These Terms and any Service Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. For any matters not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts.

13.5 No Class Actions

All disputes must be resolved on an individual basis. Neither party may bring a claim as a plaintiff or class member in any purported class action, consolidated action, or representative proceeding, to the fullest extent permitted by law.

13.6 Limitation on Claims

Any claim arising out of or related to a project must be brought within two (2) years of the date the claimant knew or reasonably should have known of the basis for the claim, or within the period required by applicable Massachusetts law, whichever is shorter.

14. Indemnification

To the fullest extent permitted by applicable law, the client agrees to defend, indemnify, and hold harmless Lofty Built, Rubicon Construction LLC, their respective affiliates, officers, directors, employees, agents, and subcontractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

The client's breach of these Terms or any Service Agreement
The client's negligence or willful misconduct
The client's failure to disclose known site conditions, including hazardous materials
The client's failure to obtain required permits where that responsibility was retained by the client

This indemnification does not apply to claims arising from Lofty Built's own negligence or willful misconduct.

15. Intellectual Property

All content on the Lofty Built website — including text, images, project photos, graphics, logos, and design — is the property of Rubicon Construction LLC or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.

You may not reproduce, copy, distribute, or use any website content for commercial purposes without our prior written consent. Sharing our publicly-posted project photos for personal, non-commercial reference purposes is permitted, provided proper attribution is given.

Project photos taken by Lofty Built during or after a client's project may be used in our marketing materials (website, social media, advertising) unless the client provides written objection prior to project completion.

16. Website Use & Disclaimer

The Lofty Built website is provided for informational purposes only. While we strive to keep content accurate and up to date, we make no warranty that:

Website content is complete, accurate, or current
The website will be uninterrupted, error-free, or free of viruses
Results depicted in project photos or advertising are typical or guaranteed

You use the website at your own risk. We are not responsible for any damages arising from your use of or inability to use the website.

17. General Provisions

17.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

17.2 Waiver

No failure or delay by Lofty Built in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any breach shall not constitute a waiver of any subsequent breach.

17.3 Cumulative Remedies

The rights and remedies of Lofty Built under these Terms are cumulative and are in addition to, not in lieu of, any rights or remedies available at law or in equity.

17.4 Entire Agreement

These Terms, together with the Privacy Policy and any signed Service Agreement, constitute the entire agreement between you and Lofty Built regarding your use of our services and supersede all prior discussions, representations, or agreements. These Terms may not be modified except by a written amendment signed by an authorized representative of Lofty Built.

17.5 Assignment

You may not assign your rights or obligations under a Service Agreement without Lofty Built's prior written consent. Lofty Built may assign its rights and obligations in connection with a merger, acquisition, or sale of assets with notice to you.

17.6 Notices

All formal notices under these Terms shall be in writing and delivered by email (with read receipt or confirmation) or by certified mail to the addresses listed in Section 18 (Contact Us). Email notices to Lofty Built must be sent to support@loftybuilt.com.

17.7 Modification of Terms

Lofty Built reserves the right to update these Terms at any time. Material changes will be posted on our website with an updated Effective Date. Your continued use of our website or services after the updated Terms are posted constitutes your acceptance of the changes. We recommend reviewing these Terms periodically.

18. Contact Us

For questions about these Terms, to report a concern, or to submit a formal notice, please contact:

Company: Lofty Built — Legal / Operations

Email: support@loftybuilt.com

Mailing Address: 1089 Commonwealth Avenue, No. 292, Boston, MA 02215

Physical Address: 21 North Montello St., Brockton, MA 02301

We will make reasonable efforts to respond to inquiries within 10 business days.

This document does not constitute legal advice. Lofty Built recommends periodic review of these Terms with qualified legal counsel, particularly with respect to Massachusetts Home Improvement Contractor regulations, M.G.L. c. 142A, and applicable consumer protection laws.