Agreement to Terms

By accessing the Pina Excavating website, requesting an estimate, or hiring Pina Excavating (“Company,” “we,” “us,” or “our”), you agree to these Terms of Service.

These Terms govern use of our website and general interactions with our Company. Individual projects may also be governed by a written estimate, proposal, contract, change order, or other project-specific agreement. If a project-specific agreement conflicts with these Terms, the project-specific agreement will control.

1. Services

Pina Excavating provides residential and commercial excavation and sitework services. Services may include:

  • Excavation and digging
  • Grading and site preparation
  • Land clearing
  • Backfilling and recompacting
  • Demolition
  • Dirt, material, and debris hauling
  • House and building pad preparation
  • Driveway and roadway preparation
  • Fill dirt and topsoil delivery
  • Fire cleanup and defensible-space preparation
  • Slope, drainage, and erosion-related work
  • Other related excavation and earthmoving services

Services are subject to equipment availability, site conditions, weather, permitting requirements, and acceptance of a written project agreement.

2. Estimates and Project Agreements

Estimates are based on the information and site conditions reasonably available when the estimate is prepared. Unless stated otherwise in writing, an estimate is not a guarantee of the final project price.

Before work begins, the customer may be required to approve a written estimate, proposal, or contract describing the scope of work, pricing, payment schedule, and other project requirements.

Estimates may change if we discover conditions that were concealed, inaccessible, inaccurately represented, or not reasonably visible during the original inspection.

3. Deposits and Payment

Deposits and progress payments may be required as described in the applicable project agreement. All invoices must be paid according to the payment schedule stated in that agreement.

The customer is responsible for approved labor, materials, equipment, disposal charges, delivery costs, permit fees, and additional work.

Past-due balances may be subject to collection costs and any lawful interest or late charges disclosed in the project agreement. We may suspend work when a required payment is overdue, subject to applicable California law.

4. Changes to the Work

Changes to the original scope of work may require a written change order. A change order may adjust the project price, materials, completion schedule, or other project terms.

Additional work will not be included in the original price unless expressly stated. When immediate action is reasonably necessary to protect people or property, we may take appropriate safety measures and promptly notify the customer.

5. Site Access and Customer Responsibilities

The customer agrees to provide safe and reasonable access to the project site for our workers, vehicles, heavy equipment, subcontractors, and material suppliers.

The customer is responsible for:

  • Providing accurate property and project information
  • Identifying known property lines, easements, and access restrictions
  • Disclosing known underground or concealed conditions
  • Securing animals and removing personal property from work areas
  • Providing access to water, electricity, or other utilities when required by the project agreement
  • Obtaining necessary approvals from property owners, homeowners associations, lenders, or other interested parties
  • Informing us of any hazardous materials, contaminated soil, septic systems, wells, irrigation lines, private utilities, or other known site conditions

Unless included in our written scope of work, the customer is responsible for surveys, engineering plans, soil reports, environmental testing, and property-line verification.

6. Underground Utilities

The customer must disclose all known private underground utilities and improvements that may not be identified through public utility-location services. These may include private electrical lines, irrigation systems, septic systems, propane lines, drainage pipes, wells, and communication lines.

Pina Excavating will take reasonable precautions but is not responsible for damage to underground items that were not properly marked, disclosed, or reasonably discoverable before work began.

7. Permits and Inspections

The project agreement will identify which party is responsible for obtaining required permits, inspections, engineering plans, environmental approvals, or other governmental authorizations.

The customer is responsible for providing accurate ownership and property information needed for permit applications. Government processing times and inspection schedules are outside our control and may affect the project schedule.

8. Unforeseen Site Conditions

Excavation may reveal conditions that could not reasonably be identified before work began. These may include:

  • Rock or unusually hard soil
  • Unstable or expansive soil
  • Underground water or drainage problems
  • Buried concrete, debris, tanks, or structures
  • Contaminated soil or hazardous materials
  • Unmarked utilities
  • Archaeological or protected materials
  • Conditions that require engineering or additional safety measures

If unforeseen conditions are discovered, we may stop work until the condition is evaluated. Any additional work, equipment, materials, testing, disposal, or professional services may result in additional charges and schedule changes.

9. Scheduling and Delays

Project dates are estimates unless expressly guaranteed in writing. Schedules may be affected by weather, soil conditions, fire restrictions, equipment availability, material shortages, utility markings, inspections, permit delays, change orders, site-access issues, emergencies, or other circumstances beyond our reasonable control.

We are not responsible for damages caused by reasonable delays outside our control. We will make reasonable efforts to communicate significant scheduling changes.

10. Materials, Hauling, and Disposal

The source, type, quantity, and quality of imported fill, base material, topsoil, gravel, or other materials will be determined by the project agreement.

Quantities may be estimated based on visible conditions and available measurements. Actual quantities may vary due to compaction, moisture, site conditions, settlement, or measurement differences.

Debris and excavated materials will remain at the site unless hauling and disposal are included in the written scope of work. Additional disposal fees may apply to concrete, asphalt, contaminated soil, hazardous materials, appliances, tires, or other regulated materials.

11. Hazardous Materials

Pina Excavating does not test for, remove, transport, or dispose of hazardous or contaminated materials unless expressly stated in writing and legally authorized.

If suspected hazardous materials are discovered, work may be stopped until the materials are evaluated and safely handled by qualified professionals. The customer is responsible for associated testing, remediation, delay, and disposal costs unless otherwise required by law or agreed in writing.

12. Worksite Conditions and Safety

Excavation and demolition sites involve heavy equipment, open trenches, uneven ground, dust, noise, vibration, and other hazards. Customers, occupants, children, visitors, and animals must remain outside designated work areas.

Pina Excavating may restrict access to the project site when reasonably necessary for safety. The customer agrees not to enter excavations, operate equipment, move safety barriers, or interfere with ongoing work.

13. Surface Disturbance and Property Damage

Heavy equipment may disturb landscaping, soil, pavement, driveways, fences, irrigation systems, or nearby surfaces. We will take reasonable precautions consistent with the agreed scope of work and normal excavation practices.

Restoration of landscaping, pavement, concrete, fencing, irrigation, or other disturbed improvements is not included unless expressly stated in the project agreement.

We are not responsible for damage resulting from undisclosed conditions, insufficient access, unstable ground, unmarked underground improvements, or instructions provided by the customer or the customer’s representatives.

14. Drainage, Settlement, and Natural Conditions

Excavation, grading, backfilling, and compaction can be affected by soil composition, moisture, erosion, underground water, weather, and future construction activity.

Unless specifically included in a written agreement, we do not guarantee that grading or excavation work will eliminate all future drainage, erosion, settlement, or soil-movement issues.

The customer is responsible for maintaining completed areas, including drainage features, slopes, vegetation, erosion controls, and access roads.

15. Workmanship and Project Concerns

We strive to complete services professionally and according to the agreed scope of work. The customer should notify us promptly after discovering a concern relating to our workmanship.

Any warranty will be limited to the warranty expressly provided in the applicable project agreement or required by California law. Normal wear, erosion, settlement, weather damage, improper maintenance, third-party work, and changes made after project completion are not covered unless otherwise stated in writing.

16. No Guarantee of Specific Results

Sitework involves natural and concealed conditions that may affect the final result. Although we use professional equipment, experienced personnel, and reasonable construction practices, we cannot guarantee outcomes affected by soil conditions, drainage, weather, erosion, underground conditions, engineering decisions, or work performed by others.

Photographs, descriptions, and examples displayed on our website are provided for general informational purposes and do not guarantee identical results.

17. Subcontractors and Suppliers

We may use qualified subcontractors, equipment providers, drivers, disposal facilities, or material suppliers when appropriate. Their work and materials will remain subject to the applicable project agreement and California law.

18. Limitation of Liability

To the fullest extent permitted by California law, Pina Excavating will not be liable for indirect, incidental, special, exemplary, or consequential damages arising from use of our website or services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited. Any project-specific limitations will be stated in the applicable written agreement.

19. Website Use

You may use our website only for lawful purposes. You agree not to:

  • Attempt to gain unauthorized access to the website or its systems
  • Introduce viruses, malware, or other harmful material
  • Interfere with the website’s operation or security
  • Submit false, misleading, unlawful, or abusive information
  • Use the website to violate another person’s rights

We may modify, restrict, suspend, or discontinue any portion of the website without notice.

20. Website Information and Third-Party Links

We make reasonable efforts to keep website information accurate, but we do not guarantee that all descriptions, service areas, availability information, or other content will always be complete or current.

Our website may contain links to third-party websites. Pina Excavating does not control and is not responsible for the content, security, privacy practices, or availability of third-party websites.

21. Intellectual Property

Website content, including text, photographs, graphics, logos, videos, and design elements, is owned by or licensed to Pina Excavating and is protected by applicable intellectual-property laws.

You may not reproduce, modify, distribute, sell, or commercially use website content without prior written permission.

22. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless a project agreement provides otherwise or applicable law requires a different location, disputes relating to these Terms will be handled in a court of appropriate jurisdiction located in Yuba County, California.

23. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect. The invalid provision will be modified only to the extent necessary to make it enforceable when permitted by law.

24. Changes to These Terms

We may update these Terms periodically. The current version will be posted on our website with a revised effective date.

Continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms. Changes will not retroactively modify an existing signed project agreement unless agreed to in writing.

25. Contact Us

Questions about these Terms may be directed to:

Pina Excavating
3721 Feather River Blvd
Olivehurst, CA 95961
Phone: (916) 415-3157
Website: https://pinaexcavating.com/
California Contractor License: #268555