Terms of Service

Agreement to Terms

By accessing or using Hyder Paving's services, you agree to be bound by these Terms of Service and acknowledge that you have read, understood, and agree to be bound by all terms and conditions herein. If you do not agree to these terms, please do not use our services. These terms apply to all visitors, users, and others who access or use our services, including our website, phone consultations, estimates, and on-site asphalt paving and paving services in Tennessee.

Services Offered

Hyder Paving provides professional asphalt paving and related services including, but not limited to: new asphalt paving, asphalt resurfacing, sealcoating, crack sealing, pothole repair, asphalt patching, line striping, parking lot construction, driveway paving, roadway construction, site preparation, grading, and drainage solutions. All services are provided in the Tri-Cities Tennessee area, surrounding counties, and regions within our normal service area as determined by the contractor.

Seasonal Limitations: Asphalt paving operations are subject to seasonal limitations including asphalt plant closures (typically December-February), ambient temperature restrictions (minimum 40°F for 24 hours before and after installation), and precipitation delays. Work scheduled during marginal weather periods may be rescheduled without penalty.

Estimates and Pricing

Free estimates are provided in good faith based on visual inspection and information available at time of estimate. Final pricing may vary based on actual site conditions discovered during excavation, subsurface conditions, changes to project scope, material cost fluctuations, permit requirements, utility conflicts, or unforeseen conditions. Estimates are valid for 30 days from date issued. Any changes to pricing exceeding 10% of original estimate will be communicated and approved in writing before proceeding.

Subgrade Conditions: Estimates assume stable subgrade conditions. Additional charges apply for: rock excavation, unsuitable soil removal, geotextile fabric installation, additional base material, dewatering operations, or soil stabilization. Customer is responsible for disclosing known subsurface conditions including previous utilities, buried debris, or soil contamination.

Calculator and Estimate Disclaimers

Price Match Policy

Payment Terms

Payment terms will be clearly specified in your written estimate or contract. For residential projects under $5,000, payment is typically required in full upon completion. For larger projects, progress payments may be arranged as outlined in the contract. We accept cash, check, and major credit cards. Financing options may be available for qualified customers. Late payments are subject to 1.5% monthly service charge (18% annual rate) and may result in lien filing. Customer is responsible for all collection costs and reasonable attorney fees if legal action becomes necessary.

Limited Warranty - Paving Work

Material Warranty Disclaimer

WARRANTY EXCLUSIONS: Warranty specifically excludes: (a) normal wear and weathering; (b) acts of God including but not limited to freeze/thaw cycles, flooding, storms, earthquakes; (c) settlement or movement of subgrade beyond contractor's control including clay soils, expansive soils, or inadequate bearing capacity; (d) damage from vehicles exceeding design load specifications; (e) failure to perform required maintenance including sealcoating every 2-3 years; (f) damage from snow plows, salt, chemicals, or petroleum products; (g) root damage from vegetation; (h) damage from utilities or third parties; (i) changes in drainage patterns not caused by contractor; (j) cracking due to subgrade movement when customer declined recommended improvements.

MAINTENANCE REQUIREMENTS: Warranty validity requires: (a) sealcoating every 2-3 years beginning 18 months after installation; (b) prompt crack sealing of cracks exceeding 1/4 inch; (c) proper drainage maintenance; (d) snow removal without metal blades directly on asphalt; (e) immediate cleanup of petroleum products or chemicals.

Limitation of Liability

Contractor is not liable for: (a) underground utilities not properly marked by Tennessee 811 utility location service; (b) subsurface conditions including rock, water, contaminated soil, underground fuel tanks, or underground structures not disclosed; (c) weather-related delays or damage; (d) third-party claims except for contractor negligence; (e) damage to landscaping, sprinkler systems, or other improvements not included in scope of work; (f) settling or cracking due to inadequate subgrade preparation when customer declines recommended improvements; (g) environmental contamination discovered during excavation; (h) delays due to permit requirements or regulatory compliance.

MATERIAL LIMITATIONS: Contractor disclaims liability for asphalt material defects, aggregate quality variations, or supplier delivery delays. Hot mix asphalt is manufactured to Tennessee Department of Transportation specifications, but natural material variations may occur. Color variations in asphalt are normal and not grounds for warranty claims.

Site Conditions and Customer Responsibilities

Customer is responsible for: (a) ensuring contractor has safe and reasonable access to work area with minimum 12-foot clearance for equipment; (b) removing or protecting personal property, vehicles, and landscaping; (c) calling Tennessee 811 utility location service 48 hours before work begins; (d) providing accurate property boundaries and utility locations; (e) obtaining necessary permits unless specifically included in contract; (f) ensuring pets are restrained during work; (g) maintaining adequate drainage after completion; (h) disclosing any known environmental contamination or underground storage tanks; (i) providing adequate electrical power if required for equipment.

COMPACTION AND CURING: Customer acknowledges that new asphalt requires 24-48 hours initial curing time and should avoid heavy loads for 30 days. Edge support is critical - unsupported edges will crack and are not covered under warranty. Customer is responsible for maintaining proper drainage to prevent water infiltration.

Change Orders and Additional Work

Any changes to original scope of work must be approved in writing with pricing specified before work begins. Additional work due to unforeseen conditions will be charged at prevailing rates: equipment time, materials at cost plus 20%, and labor as specified. Customer has right to refuse additional work, but contractor may suspend work until conditions are resolved.

Weather and Force Majeure

Asphalt paving requires specific weather conditions. Work may be delayed or suspended due to rain, extreme temperatures (below 40°F or above 95°F), high humidity, or other adverse conditions. Contractor is not liable for delays due to weather, acts of God, government actions, labor disputes, material shortages, or other circumstances beyond contractor's reasonable control.

Governing Law and Dispute Resolution

These terms are governed by Tennessee state law. Any disputes shall be resolved in the courts of Washington County, Tennessee. Customer agrees to attempt mediation before filing suit. In any legal proceeding, prevailing party is entitled to reasonable attorney fees and costs. If any provision is deemed unenforceable, remaining provisions remain in full effect.

Insurance and Compliance

Hyder Paving maintains comprehensive general liability insurance and workers' compensation coverage. We are fully insured and bonded for your protection. Surety bonding is available for projects requiring bonded contractors, and we comply with all applicable local, state, and federal regulations.

This contract is subject to Tennessee contractor lien laws (Tennessee Code Annotated Title 66, Chapter 11). Contractor has the right to file a mechanics' lien for unpaid work. Customer has three (3) business days to cancel this contract after signing for contracts over $25 (Tennessee Consumer Protection Act). This contract complies with Tennessee Department of Commerce and Insurance contractor regulations.

UTILITY COMPLIANCE: All work complies with Tennessee 811 utility location requirements. Customer acknowledges that utility locating is required by Tennessee law and that contractor is not responsible for unmarked or incorrectly marked utilities.

Modifications and Entire Agreement

These terms may only be modified in writing signed by both parties. These terms, together with any written contract or estimate, constitute the entire agreement and supersede all prior negotiations, representations, or agreements. No verbal agreements or promises not contained in writing are binding.