Legal Protection & Service Terms
Dakota Concrete Lifting
Straight talk. No surprises. These terms keep both sides protected so we can focus on getting your concrete level and keeping it that way.
1. Service Agreement Contract
Dakota Concrete Lifting ("Contractor") agrees to perform concrete lifting, leveling, void filling, crack repair, and related services for the Client under the following terms. All work will be completed in a professional and workmanlike manner. Client agrees to the terms, policies, and limitations described in this document.
2. Deposit Policy
- A 10% Deposit is required to reserve the project date. No work will be scheduled or commenced until the deposit is received.
- The deposit is applied in full to the final invoice.
- Once materials are allocated or the project is scheduled, the deposit becomes non-refundable.
- Weather delays automatically transfer the deposit to the rescheduled date.
- Commercial clients with approved purchase orders may be exempt.
3. Invoice Terms
- No sales tax applies to concrete lifting services under South Dakota law.
- Materials used are consumed by the Contractor and not sold to the Client.
- Contractor's excise tax does not apply to polyjacking or leveling services.
- Remaining balance is due upon completion.
- Late payments may incur fees or collection actions permitted by SD law.
4. South Dakota Tax Compliance Statement
Dakota Concrete Lifting operates as a service provider under SDCL Title 10. Concrete lifting, leveling, void filling, and repair services are classified as non-taxable services. No sales tax or contractor's excise tax applies. Contractor is responsible for taxes on materials purchased for use in the work.
5. Warranty & Liability Clause
Limited Warranty
Contractor provides a 12-month limited warranty covering settlement of any lifted area exceeding 1/2 inch from the level achieved at the time of service. Warranty applies only to areas lifted and only to settlement caused by normal soil compression.
Warranty Exclusions
Warranty does not apply to:
- Pre-existing cracks or deteriorated concrete
- Soil washout from improper drainage, gutters, or irrigation
- Frost heave, tree roots, underground water movement
- Overweight vehicle damage
- Cosmetic cracking, joint movement
- Void filling or crack repair
- Any condition outside Contractor's control
Warranty Remedy
Contractor will perform one (1) re-lift at no cost if settlement exceeds 1/2 inch within the warranty period. No refunds or monetary compensation are provided.
Limitation of Liability
Contractor is not liable for incidental, consequential, or property damages arising from pre-existing conditions, hidden defects, or soil instability. Liability is limited to the amount paid for the specific service.
6. Liability Waiver
Client acknowledges that concrete lifting involves injecting expanding polyurethane foam beneath existing slabs. Client agrees that Contractor is not responsible for:
- Pre-existing structural defects
- Damage caused by soil movement or environmental conditions
- Damage to landscaping, underground utilities, or sprinkler lines not disclosed by Client
- Future soil instability
- Any damages beyond the limited warranty
Client releases Contractor from claims beyond the limited warranty.
7. Safety & Risk Disclosure
Concrete lifting may cause minor cosmetic cracking, joint movement, or noise during lifting. Foam expansion may expose pre-existing defects. Contractor is not responsible for hidden voids, underground cavities, or unexpected soil conditions.
8. Client Responsibilities
Client agrees to:
- Maintain proper drainage and water flow
- Correct gutter or downspout issues
- Avoid overweight vehicle loads
- Provide accurate information about underground utilities
Failure to maintain drainage voids the warranty.
9. Limitations of Service
Contractor does not guarantee future soil stability, long-term slab performance, or prevention of future settlement. Contractor does not perform structural engineering or foundation repair.
10. Hold Harmless Clause
Client agrees to hold harmless and indemnify Contractor from claims, damages, or losses arising from pre-existing conditions, hidden defects, or environmental factors outside Contractor's control.
11. Indemnification Clause
Client agrees to indemnify Contractor against claims arising from misuse of the repaired area, overweight loads, improper drainage, or failure to disclose underground utilities.
12. Photo & Media Permission
Client grants Contractor permission to photograph work areas before, during, and after service for documentation, training, and marketing purposes. No identifying personal information will be shared.
13. Cancellation & Rescheduling Policy
Client cancellations after scheduling result in forfeiture of the deposit. Weather delays do not affect deposit status. Contractor may reschedule for safety or operational reasons.
14. Privacy & Data Handling
Client information is used solely for scheduling, invoicing, and communication. Contractor does not sell or share client data.
15. Governing Law & Jurisdiction
All terms are governed by the laws of the State of South Dakota. Any disputes shall be resolved in the county where the work was performed.
16. Concrete Lifting Limitations & Relief Work
Concrete lifting results may be limited by binding against foundations, walls, adjacent slabs, reinforcement, soil conditions, slab deterioration, or other concealed conditions. Additional relief cutting, joint separation, or concrete removal may be required to achieve further movement. If the customer declines recommended relief work, the contractor is not responsible for incomplete lift, insufficient pitch, or continued drainage issues. All labor, mobilization, and material installed remain due regardless of the amount of movement achieved.
17. Contact Information
Dakota Concrete Lifting
Yankton, South Dakota
605-464-7855
info@dakotaconcretelifting.com
