Terms of Service

1. Agreement to Terms

By accessing our website or engaging M & M Excavation and Dirtwork for excavation and earthwork services, you agree to be bound by these Terms of Service and all applicable laws and regulations in the State of Missouri. If you do not agree with the terms listed below, you are prohibited from using or accessing our services.

2. Services Description

M & M Excavation and Dirtwork provides professional excavation and earthwork services including, but not limited to:

• Site excavation and grading
• Land clearing and site preparation
• Trenching and utility installation
• Drainage solutions
• Demolition services
• Erosion control and land management

All services are subject to availability and are performed in compliance with Missouri state regulations and local ordinances.

3. Estimates and Quotes

Estimates provided are based on the information available at the time of inspection. Final costs may vary due to unforeseen site conditions, rock/soil composition, utility conflicts, weather delays, or changes in project scope. We will communicate any significant cost changes to the client before proceeding with additional work.

4. Service Contracts and Agreements

Written Agreements

All projects over $1,000 require a written contract signed by both parties. The contract will specify the scope of work, project timeline, payment terms, and responsibilities of each party.

Changes to Scope

Any changes to the agreed-upon scope of work must be documented in writing and may result in adjustments to the project cost and timeline.

5. Payment Terms

• Deposit: A deposit may be required before work begins, typically 25-50% of the estimated project cost
• Progress Payments: For larger projects, progress payments may be scheduled at specific project milestones
• Final Payment: Final payment is due upon project completion
• Late Payments: Payments not received within 30 days may be subject to a 1.5% monthly interest charge
• Accepted Methods: We accept cash, checks, and venmo

6. Client Responsibilities

The client agrees to:

• Ensure all necessary permits are obtained before work begins
• Provide clear access to the work site for our equipment
• Remove any personal property or valuables from the work area
• Ensure pets and children remain at a safe distance during operations
• Provide accurate property boundaries and survey information when available
• Inform us of any known site hazards, underground structures, or environmental concerns

7. Our Responsibilities

M & M Excavation and Dirtwork agrees to:

• Comply with all applicable safety regulations and OSHA standards
• Minimize disruption to the property and surrounding areas
• Clean up the work site upon project completion
• Communicate regularly about project progress and any issues that arise

8. Delays and Cancellations

Weather Delays

Excavation work is weather-dependent. We are not liable for delays caused by adverse weather conditions that make work unsafe or impractical.

Client Cancellation

If the client cancels a project after work has begun, they are responsible for work completed to date plus any non-refundable costs incurred (materials, permits, etc.).

Our Cancellation

We reserve the right to cancel or suspend work if site conditions are unsafe, payment is not received as agreed, or the client fails to meet their responsibilities stated in the contract.

10. Limitation of Liability

To the fullest extent permitted by Missouri law, our total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific project. We are not liable for indirect, incidental, consequential, or punitive damages. We maintain appropriate liability insurance as required by Missouri law.

11. Underground Utilities

M&M Excavation and Dirtwork, holds responsibility for contacting Missiouri 811 (Call Before You Dig) at least two days prior to digging. The client also may share in this resposiblity to confirm the correct proceedures have been made in a effort to mark underground utilities. Any delays caused by utility location issues are not the responsibility of M&M Excavation and Dirtwork.

12. Dispute Resolution

Any disputes arising from these terms or our services shall be governed by Missouri law. Both parties agree to first attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes may be resolved through mediation or arbitration before pursuing litigation. Any legal action shall be brought in the appropriate Missouri court.

13. Indemnification

Client agrees to indemnify and hold harmless M & M Excavation and Dirtwork from any claims, damages, or expenses arising from: (a) client's failure to disclose site hazards or underground utilities, (b) inaccurate property information provided by client, or (c) client's failure to obtain necessary permits or approvals.(d) Clients refusal to allow M&M Excavation and Dirtwork call Missouri 811 (Call Before you Dig).

14. Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of M & M Excavation and Dirtwork and is protected by copyright and trademark laws. You may not use our content without written permission.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under Missouri law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

17. Contact Information

For questions about these Terms of Service or our services, please contact us: