Service Terms & Conditions
Effective: October 20, 2026
The Short Version
First Choice Electric, LLC provides electrical contracting services in St. Louis, St. Charles, Lincoln, Warren, and surrounding Missouri counties. Estimates are valid for 15 days. Projects over $1,000 require a minimum 35% deposit unless the estimate states otherwise. Payment is due when our agreed work is completed unless a written payment schedule applies.
We stand behind our installation workmanship. For an original residential customer, our Limited Lifetime Workmanship Warranty lasts while that customer owns and occupies the property. For an original customer who owns a commercial property, it lasts while that customer retains ownership. Other customers, including nonowners and owners of residential rental properties, receive one year of workmanship coverage unless their written project agreement states otherwise. Verified workmanship repairs include necessary labor and standard materials, with no service-call or diagnostic fee. Product defects are handled separately under applicable manufacturer warranties.
Residential appointments may be rescheduled without a fee. Cancellation with less than 24 hours' notice is $89; cancellation of a customer-rescheduled appointment is $89 regardless of notice. Statutory cancellation rights and the exceptions in Part 2 apply. This summary is a courtesy; the full terms govern.
Agreement and Service Area
These Terms and Conditions (Terms) apply to electrical services provided by First Choice Electric, LLC (FCE, we, or us) to the customer identified in our estimate, work authorization, or contract (you). Part 1 applies to all engagements. Part 2 adds residential terms. Part 3 adds commercial and general-contractor or subcontract terms. Applicable law controls over any conflicting provision.
The agreement consists of the accepted estimate or work authorization, these Terms as supplied before acceptance, approved change orders, and any separately identified and accepted project documents. Electronic signatures and Housecall Pro acceptance may be used. Verbal authorization or a direction to begin work binds the parties only to terms actually provided and agreed before authorization, subject to any required written contract or cancellation notice. An invoice alone does not add new terms to an existing agreement.
We serve the Missouri counties listed above and nearby communities as accepted in writing. Licensing, adopted codes, permits, inspections, and utility requirements depend on the property's jurisdiction. Acceptance of a project outside this area must be confirmed by FCE.
Part 1 General Terms
1.1 Standards and permits
We maintain the licenses and insurance required for our work and perform our scope using qualified personnel in accordance with applicable codes, permits, and equipment listing and installation requirements. We may use qualified subcontractors and remain responsible for their work within our contracted scope. We obtain electrical permits required for our work unless the accepted scope lawfully assigns permit administration to another party. An owner or general contractor may not direct us to omit a required permit or inspection. Permit and inspection fees are included only as stated in the estimate; otherwise, we disclose them before obtaining authorization.
1.2 Estimates and pricing
Estimates are valid for 15 calendar days unless stated otherwise. Before acceptance, we may revise an expired estimate or one affected by a material pricing or availability change. An accepted fixed price changes only through an approved change order or another adjustment expressly stated in the accepted estimate.
Our price covers the listed scope, quantities, products, and accessible conditions reasonably observable or disclosed when quoted. Allowances, unit prices, time-and-material rates, diagnostic charges, travel charges, taxes, and exclusions apply only as disclosed. Time-and-material work is billed for authorized labor, materials, and disclosed related charges; a preliminary cost range is not a fixed price. Additional locations or quantities require authorization. Product substitutions that materially affect function, appearance, specifications, or warranty require your approval.
1.3 Changes and concealed conditions
Changes require a written or electronically approved change order identifying the work, price or pricing method, and known schedule effect before the changed work begins. Hidden damage, insufficient conductor length, inaccessible wiring, overloaded equipment, inadequate grounding, damaged boxes, and other conditions outside the quoted scope may require a change order. We will explain the condition and available options. If you decline necessary additional work, we may suspend the affected scope and leave it in a reasonably safe condition.
If an immediate hazard is discovered, we may stop work or de-energize affected equipment when reasonably necessary and legally permitted. Additional corrective work requires authorization except for the minimum protective action permitted by law or an existing emergency authorization. We will contact you as soon as practicable and document the condition and any authorized charges. Discovering a concealed condition does not authorize an unlimited price increase.
1.4 Deposits and progress payments
Unless the accepted estimate provides otherwise, projects over $1,000 require a minimum 35% deposit before scheduling. Any greater deposit or progress-payment schedule must appear in the estimate. Deposits are credited to the project price. A deposit is not automatically earned or nonrefundable when received. Refunds and cancellation deductions are governed by the work actually performed, documented commitments, Part 2 where applicable, and statutory cancellation rights. We will provide required notices before collecting a deposit.
1.5 Payment and materials
Payment is due on completion of FCE's agreed scope unless a written schedule or approved account term applies. Completion means our authorized work and required testing are finished, any required FCE inspection responsibilities have been satisfied, and the work is ready for its agreed use. Approved milestone payments remain due as stated. An external utility or inspection delay may be handled through a separately agreed milestone payment; it does not automatically make unfinished obligations complete. Minor punch-list items may be documented with a reasonable agreed holdback.
You may request an itemized explanation of charges. Promptly identify disputed items and pay undisputed amounts when due; this does not waive either party's rights. Outside a statutory cancellation, custom or special-order items that a supplier will not accept back may be charged at our documented, unavoidable cost. Returnable items are subject only to actual, disclosed supplier return charges. Supplier refunds and reasonable reuse or salvage credits reduce any cancellation amount. There is no duplicate recovery of the same cost.
We do not obtain unrestricted charging authority merely because a card is on file. Charges to a stored payment method require authorization covering the amount or identified charge category, and we provide a receipt. Financing, if selected, is governed by the separately accepted lender agreement and applicable law. No provision permits unlawful removal of installed materials or entry onto property.
1.6 Customer responsibilities
You confirm that you own the property or have authority to order the work and will obtain any owner, landlord, association, or other approvals within your control. Provide accurate project information, safe and timely access, and an authorized adult or representative when reasonably required. Clear working space, secure pets, and disclose known hazards, concealed systems, prior damage, and occupancy restrictions. We are responsible for our own required safety procedures.
Arrange protection for equipment affected by planned outages, including computers, alarms, refrigeration, medical equipment, and business operations, after we advise you of the planned interruption. Tell us before work if uninterrupted power or a special shutdown procedure is necessary. Customer-caused delays may extend the schedule and result in disclosed, authorized additional costs. Residential access failures are addressed in Section 2.2; commercial standby is addressed in Section 3.2.
1.7 Customer supplied products
We may decline to install used, damaged, incompatible, unlisted, or noncompliant customer-supplied products. You are responsible for their suitability, completeness, availability, and manufacturer support. FCE does not provide a separate product warranty on those items, but our installation workmanship remains covered by Section 1.8. Failures caused solely by a defective customer-supplied product and authorized labor to replace it are billable. This exclusion does not excuse an installation defect or damage caused by FCE.
1.8 Limited Lifetime Workmanship Warranty
(a) Covered customers and duration. FCE warrants defects in the labor and installation workmanship it performs, including work by subcontractors for whom it is responsible. Coverage begins when the covered installation is completed. For an original customer who owns and occupies the residential property, coverage continues while that customer owns and occupies it as a residence. It ends upon transfer of ownership or when the property becomes a rental or investment property. For an original customer who owns a commercial property, coverage continues while that customer retains ownership. A business entity owning a residential rental property is subject to the residential-property rule. Coverage is not transferable. For other customers or properties, including tenants, property managers, general contractors, and residential properties that are not owner-occupied, workmanship coverage is one year from completion unless a written project agreement identifies a different period or beneficiary. A written project warranty may expressly modify these terms.
(b) Covered workmanship. This warranty covers defects in FCE's labor and installation workmanship for electrical installation, repair, and replacement work completed within the agreed project scope. Examples include the installation and connection of wiring, splices, connectors, terminations, devices, fixtures, panels, and other electrical equipment. These examples do not limit coverage to particular products, brands, or service types.
If covered work becomes loose, overheats, fails, or otherwise develops a defect because of FCE's workmanship, FCE will correct the defect under this warranty. Manufacturing defects, pre-existing conditions, and other exclusions are addressed separately below.
(c) Repairs at no charge. We will inspect and correct a verified covered workmanship defect at no charge. Covered correction includes necessary repair labor and standard materials reasonably required to correct it, including replacement materials damaged by our defective installation. No service-call, diagnostic, trip, or dispatch fee applies to a verified covered workmanship claim. We may repair or replace the affected installation as reasonably necessary to provide a proper correction. The general liability limit in Section 1.9 does not reduce this repair obligation. Correction of a covered defect remains subject to the applicable original coverage period and does not shorten that period.
(d) Product warranties. Manufacturing defects in parts and equipment are separate from installation workmanship and are subject to applicable manufacturer warranties and any rights provided by law. We provide available warranty documentation, pass through transferable manufacturer warranty rights to the extent permitted, and provide reasonable assistance with claims. We do not guarantee a manufacturer's approval, solvency, product availability, or processing time. This provision does not exclude responsibility for damage caused by our installation or disclaim rights that cannot lawfully be waived.
(e) Labor for product defects. Unless a manufacturer program, written agreement, or applicable law provides otherwise, labor to diagnose, remove, replace, or reinstall an item that failed solely because of a manufacturing defect is billable. We disclose applicable charges and obtain authorization before performing billable work. Any manufacturer labor reimbursement actually received for labor already paid for by you will be credited or refunded to you. We do not charge you twice for the same labor.
(f) Exclusions. Coverage excludes manufacturing defects; pre-existing wiring or equipment conditions outside our agreed scope; ordinary wear and consumables; and defects or damage caused by misuse, overloading, inadequate maintenance, alterations or repairs by others, water, pests, structural movement, fire, lightning, power surges, utility events, or other external causes. An exclusion applies only to the extent that condition caused or contributed to the claimed defect or damage. Unrelated work by another contractor does not void this warranty. These exclusions do not excuse a defect caused or aggravated by FCE's covered workmanship. Later code changes do not, by themselves, make a properly completed installation defective; required work under a later code is a separate scope unless it corrects our original noncompliance.
(g) Reporting a claim. Please report a suspected defect within 30 days after discovery by calling (636) 240-2966 or emailing info@fcepro.com. Provide the service address, available estimate or invoice number, and a description of the issue. Photographs are helpful when safely obtainable. If reported by phone, we will document the report and may request a written description. Delayed notice affects coverage only to the extent it materially prejudices our ability to investigate or correct the issue and only as permitted by law.
(h) Inspection and emergencies. Give us a reasonable opportunity to inspect and correct the issue before another party performs permanent repairs. If immediate action is needed to protect people or prevent significant property damage, arrange necessary emergency measures and contact FCE as soon as practicable. Keep photographs, affected components, and repair records when safe and reasonably possible. Emergency mitigation does not automatically void coverage. Third-party repair charges require our prior written approval except to the extent reimbursement is required by law. If we identify a noncovered condition, we explain our findings and disclose any proposed service or repair charges before you authorize billable work. We do not retroactively impose an undisclosed diagnostic fee.
(i) Preserved rights. This is an express workmanship warranty. It does not waive implied warranties, statutory remedies, or other rights that applicable law does not allow to be waived. You may have additional rights under applicable law. An overdue balance does not suspend or cancel otherwise valid no-charge workmanship correction; payment disputes are handled separately.
1.9 Allocation of liability
To the extent permitted by law, FCE's aggregate liability for ordinary contract claims seeking economic loss is limited to the price paid or payable for the FCE scope giving rise to the claim. Neither party is responsible to the other for indirect or consequential economic loss, including lost profits or business interruption, to the extent that limitation is lawful.
These limitations do not restrict Section 1.8's promised warranty correction, payment obligations, liability for bodily injury or physical property damage caused by negligence, fraud, willful misconduct, or any liability, consumer remedy, or statutory obligation that cannot lawfully be limited. They do not release either party from responsibility for damage it causes. We are not an insurer of the entire electrical system or of equipment outside our scope.
1.10 Responsibility for third party claims
To the extent permitted by law, each party will indemnify the other for third-party bodily injury or property damage claims only to the extent caused by the indemnifying party's negligent acts or omissions or willful misconduct, or those of persons for whom that party is legally responsible. No party must indemnify the other for the other's fault. This provision creates no broader duty to defend and does not override applicable construction-contract or insurance law.
1.11 Communications
We use the contact information you provide for estimates, scheduling, invoices, and service updates by telephone, email, or text consistent with your permissions and applicable law. Automated messaging is subject to any required consent. Marketing consent is separate and is not a condition of purchasing services. Text frequency varies; message and data rates may apply. Reply STOP to stop texts or HELP for help. Our SMS Terms and Privacy Policy explain applicable messaging and data practices. Contact us to arrange another way to receive essential project communications.
1.12 Photographs and records
We may document the work area for estimates, installation records, quality control, warranty review, and claims. We take reasonable care to limit capture of personal information. Publication of identifiable customer property, names, addresses, faces, or interior details for advertising requires separate consent. Service acceptance alone does not authorize a customer testimonial or endorsement. Records may be shared as reasonably necessary with inspectors, insurers, manufacturers, or professional advisers, consistent with applicable privacy requirements.
1.13 Disputes and collection
Missouri law governs. Please contact us promptly about a concern so the parties can attempt a good-faith resolution. Mediation is voluntary unless separately agreed. This informal process does not prevent emergency relief, a protective filing, a timely lien notice, or any required legal filing. No provision requires mandatory arbitration or waives a jury right.
Unless mandatory law requires another location, contract actions may be brought in a court with jurisdiction in St. Charles County, Missouri. Qualifying small-claims actions and lien or property proceedings may be brought in the court authorized by law. In an action to collect an unpaid contract balance, the prevailing party may recover reasonable attorney fees and court costs to the extent permitted by the agreement and law and awarded by the court. Statutory consumer remedies and fee rights remain intact. Collection charges must be reasonable and lawfully recoverable.
1.14 Agreement documents and updates
Mandatory law and required statutory notices control. A mutually signed project contract or amendment that specifically addresses a subject controls over a conflicting general provision. An accepted project-specific scope or change order controls over these Terms on that scope, price, schedule, or expressly modified subject. Any separately supplied and accepted Subcontract Rider applies to contractor engagements subject to those priorities. Customer purchase-order or portal terms do not modify this agreement without FCE's express written acceptance.
These documents are the entire agreement concerning the services, subject to rights and representations that law does not permit to be excluded. Changes must be mutually accepted in writing or electronically, except for authorized protective action under Section 1.3. The version supplied and accepted for the project governs that project. Later website updates apply prospectively and do not reduce an existing warranty or modify an accepted agreement without mutual assent. A waiver of one breach does not waive another. An unenforceable provision is severed only to the extent allowed by law; the remaining provisions continue in effect.
1.15 Existing systems and diagnostic work
A service visit, repair, estimate, or limited inspection covers only the agreed scope. It does not certify the entire building, discover every concealed defect, establish spare electrical capacity, or guarantee that unrelated components will not fail. Diagnostic results reflect conditions reasonably accessible and observable at the time. Intermittent faults may require additional authorized investigation. Existing equipment may reveal defects when tested or re-energized; we remain responsible for damage caused by our negligence or defective workmanship.
Unless the scope expressly includes a comprehensive survey, aluminum-wiring remediation is limited to the documented locations and connections. It is not a representation that every aluminum connection has been found or repaired. Additional concealed or inaccessible locations require evaluation and an authorized scope adjustment. Identified hazardous conditions will be reported; a limited scope does not authorize us to leave our own installation noncompliant.
1.16 Utilities and inspections
Utility disconnects, reconnects, service upgrades, meter work, and inspections depend on the applicable utility and authority having jurisdiction. Their scheduling and acceptance decisions are outside our direct control. We coordinate those items included in our scope and advise you of known requirements. We correct inspection deficiencies attributable to our contracted work without additional charge. New scope arising from pre-existing conditions or later authority requirements is addressed by change order, except where compliance was already part of our obligation. No estimate guarantees a utility connection date or approval by an insurer, lender, or third-party inspector.
1.17 Openings and restoration
Electrical work may require reasonable access openings, drilling, fishing, trenching, or movement of accessible items as described in the scope. Unless included, finish restoration such as drywall finishing, painting, wallpaper, decorative trim, concrete replacement, and landscaping is by others. We use reasonable care and remain responsible for damage caused by our negligence. Required protection, electrical box covers, and code-required sealing or firestopping for our work are not excluded merely because finish restoration is excluded. Tell us about concealed utilities, specialty finishes, or other sensitive conditions before work begins.
1.18 Excavation and hazardous conditions
For excavation within our scope, we arrange legally required utility locate requests. Public locate services may not identify privately owned lines, irrigation, septic systems, or other private installations. You must disclose known private systems; needed private locating and its cost are agreed before excavation. Allocation of cost does not excuse our legal duties or negligent damage.
Unless expressly included, we do not test for or remediate asbestos, lead, mold, or other regulated hazardous materials. If suspected materials or an unsafe site condition affect the work, we may stop the affected work while a qualified party evaluates and resolves the condition. Any change in price or schedule is documented. We remain responsible for applicable worker and public-protection requirements for our operations.
1.19 Equipment features and maintenance
Connected devices may depend on customer internet, wireless coverage, subscriptions, software, or third-party services. Those services and ongoing updates are included only if stated in the scope. No promise of utility savings, incentive eligibility, uninterrupted backup power, surge protection against every event, or compatibility with future equipment is made unless expressly stated. Maintain installed equipment according to applicable instructions. Maintenance exclusions affect warranty coverage only as provided in Section 1.8. Required electrical safety functions are not optional merely because they may interrupt power.
1.20 Delays and suspension
Schedules are reasonable estimates unless a completion commitment is expressly agreed. Weather, unsafe conditions, utility or inspection delays, labor or supply disruptions, and other events beyond a party's reasonable control may justify a reasonable extension. The affected party will give prompt notice and take reasonable steps to reduce the delay. Costs are not increased automatically; additional charges require an applicable agreed provision or change order.
For undisputed nonpayment or a material failure to provide access or required approvals, we may suspend affected work after written notice and a reasonable opportunity to cure, subject to applicable law. Immediate suspension is permitted for a genuine safety risk. We will protect and secure our work as reasonably necessary. A payment-related suspension of project work does not suspend otherwise valid no-charge warranty correction under Section 1.8. If a delay beyond the parties' control continues more than 30 days, either party may terminate by written notice, with an itemized accounting for completed authorized work and unavoidable commitments, less payments and applicable credits. Statutory cancellation and refund rights control.
Part 2 Residential Customers
2.1 Scheduling and arrival
We provide an arrival window and communicate material delays when practicable. An authorized adult must be available when reasonably required. If FCE must reschedule, there is no cancellation or rescheduling fee, and we offer the next reasonably available appointment. Payment for completed authorized work remains due under the agreement.
2.2 Appointment cancellation and rescheduling
(a) An original appointment may be canceled at least 24 hours before its scheduled arrival window without an appointment cancellation fee.
(b) Cancellation with less than 24 hours' notice, failure to provide agreed access, or failure of a required authorized adult to be present may result in an $89 appointment fee.
(c) Moving an appointment to another available date is free. If you later cancel an appointment that you previously asked us to reschedule, the appointment cancellation fee is $89 regardless of notice. This exception must be disclosed when the appointment is rescheduled. A move initiated by FCE does not trigger this exception.
(d) No appointment fee applies when prohibited by a statutory cancellation right or when FCE cancels. A return visit solely to inspect or correct a verified covered workmanship defect has no service-call fee under Section 1.8. Any appointment fee and project cancellation costs may not duplicate the same loss. Stored-card charges require the authorization described in Section 1.5. Project termination is accounted for separately under Section 2.3.
2.3 Cancellation of an accepted project
Outside an applicable statutory cancellation period, you may terminate unperformed work by notifying us. You are responsible for completed authorized work at the agreed price or rates, documented unavoidable commitments for nonreturnable project materials and permit or design costs, and reasonable necessary demobilization. We deduct payments already received, costs avoided, and applicable supplier refunds or reasonable reuse or salvage credits. We provide an itemized accounting and return undisputed unused deposits within 14 calendar days after termination, or sooner if law requires. If a supplier commitment remains genuinely unresolved, we identify it in a provisional accounting, return the undisputed balance on time, and reconcile any retained amount promptly when resolved. There is no automatic percentage penalty and no charge for work not performed or costs not reasonably incurred. Statutory cancellation rights override every inconsistent fee, deduction, or reimbursement obligation.
2.4 Residential payment and overdue balances
Payment is due under Section 1.5 or the accepted payment schedule. Beginning seven calendar days after the due date, an undisputed overdue residential balance may accrue simple interest at 10% per year or the maximum lawful rate, whichever is lower, only where agreed in writing. Interest is not compounded. No separate fee is added to evade an applicable interest limit. Disputed charges will be reviewed in good faith without limiting either party's legal rights.
2.5 Missouri notice to owner
When FCE contracts directly for work subject to Section 429.012, RSMo, we provide the following notice in the required form before receiving any payment, including a deposit. This requirement can apply to commercial as well as residential work. Required notices must be delivered with the transaction documents; a website reference alone is not a substitute.
NOTICE TO OWNER: FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
2.6 Statutory cancellation rights
Certain residential transactions, including qualifying sales solicited and agreed to at your home, carry a legal right to cancel without penalty. Inviting a contractor to your home does not, by itself, eliminate that right. For a transaction covered by the federal Cooling-Off Rule, cancellation generally may be made through midnight of the third business day after the transaction. Federal business days generally include Saturdays and exclude Sundays and federal holidays. Missouri provides additional requirements for qualifying consumer-credit home solicitation sales; its business-day count excludes Saturdays, Sundays, and legal holidays. Where both apply, we honor the later applicable deadline and all applicable protections.
For a covered transaction, FCE will provide the required transaction-specific contract disclosures and completed cancellation notices or forms, including duplicate forms where required, and explain the right as required by law. Follow the notice accompanying your contract; this summary does not replace it. Electronic acceptance after an in-home solicitation does not alone eliminate cancellation rights. A general request for an early start does not waive them.
An emergency exception is used only when its legal conditions are satisfied, including a buyer-initiated bona fide immediate personal emergency and a separate dated and signed statement handwritten by the buyer describing the emergency and expressly acknowledging and waiving the applicable cancellation right. We do not use a routine preprinted start-work authorization as that waiver. Separate Missouri cancellation rights remain unless the requirements of Missouri's own emergency exception are also met.
A valid statutory cancellation overrides deposit forfeitures, appointment fees, special-order restrictions, work charges, and other deductions to the extent required by law. Required refunds will be issued within the applicable legal deadline, including Missouri's ten-calendar-day deadline when applicable. Failure to provide a legally required notice may extend cancellation rights. Nothing here limits the manner of cancellation permitted by law.
2.7 Memberships and recurring services
A membership requires separate acceptance of its price, billing interval, initial term, renewal terms, benefits, cancellation method and effective date, and any refund or previously disclosed discount-recovery provision. We obtain required consent before recurring charges and provide renewal or price-change notices as required by the plan and law. The plan must state whether a cancellation takes effect immediately or after a notice period, whether another billing occurs during that period, and how paid benefits and refunds are handled. No undisclosed discount clawback applies. You may request cancellation at info@fcepro.com or (636) 240-2966, and any legally required online cancellation method will also be available. Membership cancellation does not cancel an otherwise valid workmanship warranty.
Part 3 Commercial And Contractor Work
3.1 Payment and statutory remedies
Payment is due under Section 1.5 unless a signed subcontract, approved credit account, or accepted milestone or pay-application schedule states otherwise. For a business account, written terms may provide simple interest of 1.5% per month, equivalent to 18% annually without compounding, or the maximum lawful rate, whichever is lower. This business rate does not replace the residential rate in Section 2.4. We reserve applicable prompt-payment remedies, including Section 431.180, RSMo, where its requirements are met. Statutory interest and attorney-fee awards are subject to the statute and the court's determination; statutory and contractual interest are not stacked for the same period and balance.
3.2 Site readiness and standby
You or the coordinating contractor must provide the agreed access, safe working conditions, prerequisite work, and shutdown approvals. Additional standby, demobilization, or remobilization caused by site conditions outside FCE's responsibility is billable only at rates or a pricing method disclosed in the accepted contract or an approved change order. We document the cause, time, and cost and take reasonable steps to reduce avoidable charges. Rework caused by others requires authorization before additional work.
3.3 Retainage
No retainage applies unless expressly agreed in writing. Agreed retainage may not exceed 10% or a lower applicable legal cap. When Sections 436.300 through 436.336, RSMo, apply, handling, trust obligations, withholding, and release comply with those statutes. Their application excludes public works and residential real property of four units or fewer. We request release attributable to completed FCE work when permitted by law and the project contract; FCE's own completion does not, by itself, establish every statutory release deadline. Documented lawful withholding for incomplete or defective work remains subject to applicable limits. Retainage is not a basis to withhold unrelated undisputed progress payments.
3.4 Payment conditions
FCE does not agree that payment depends on the owner or another contractor first paying you. Any timing arrangement must be expressly accepted in writing, and payment remains due no later than 60 days after the applicable FCE invoice unless a shorter legal deadline controls. A conflicting subcontract provision is not accepted without FCE's express written agreement. No provision waives statutory payment, bond, or lien rights except through a legally effective, specifically accepted waiver.
3.5 Lien notices and waivers
FCE provides conditional progress waivers when appropriate and unconditional payment waivers after the corresponding funds clear, unless a different lawful payment-and-waiver arrangement is expressly agreed. Waivers are limited to identified work and amounts actually covered and preserve unpaid retainage, pending changes, and disputed claims to the extent law permits. Missouri law restricts certain advance lien waivers but does not invalidate every waiver requested as a condition of payment. Notices, owner consents, and filing deadlines remain governed by applicable law. A notice or consent required for a residential subcontract is not replaced by a general contractor's assurance that payment will be made.
3.6 Coordination and changes
The accepted scope defines responsibility for drawings, engineering, layout, temporary power, equipment furnished by others, testing, and closeout materials. FCE is responsible only for delegated design expressly accepted within its lawful qualifications. We coordinate our installation with available approved documents and report material conflicts affecting our work. Broader project management or design responsibility is not implied.
Changed or accelerated work requires a priced change order or a written directive identifying the authority, pricing method, and reservation of unresolved cost or time issues before performance, except protective action under Section 1.3. Delays beyond our responsibility justify reasonable documented time extensions. Delay compensation or acceleration costs require a contractual basis or approved change order. FCE-caused rework is not an extra.
3.7 Indemnity and insurance
Section 1.10's allocation by fault applies unless a lawful, specifically negotiated written provision controls. Certificates of insurance are available on request. Additional-insured status, primary coverage, and waiver-of-subrogation requirements must be agreed before work and are subject to available endorsements, pricing, and actual policy terms. A certificate alone does not amend an insurance policy. We do not represent that all broader insurance or indemnity provisions are prohibited by Missouri law; applicable statutory requirements and exceptions control.
3.8 Suspension and termination
Termination for convenience must be in writing. FCE is entitled to payment for completed authorized work at agreed prices, documented unavoidable material commitments, reasonable demobilization, and overhead and profit included in the completed work, less payments, avoided costs, refunds, and reasonable salvage or reuse credits. No profit on unperformed work is due unless separately negotiated and lawful. We provide supporting detail.
Except for immediate safety protection or another mandatory legal right, default termination requires written notice describing the breach and at least 72 hours to begin curing it, plus a reasonable period to complete a cure diligently pursued when it cannot reasonably be completed in that time. Mandatory statutory cure procedures and a specifically negotiated project provision control where applicable. Suspension and termination do not waive accrued payment, warranty, or statutory rights.
3.9 Subcontracts and public work
Any FCE Subcontract Rider must be identified, supplied, and accepted before it becomes part of the engagement. A website posting or later invoice does not unilaterally add it to a signed subcontract. Resolve conflicts under Section 1.14 and document any negotiated exceptions. For work on qualifying residential property, the parties must obtain any separate owner consent required by Section 429.013, RSMo, before relying on subcontractor lien rights.
Public projects and projects subject to prevailing-wage, bonding, certified-payroll, special procurement, or other government requirements require project-specific terms. Private-property lien and retainage rules must not be assumed to apply to public work. Required payment-bond and public-contract remedies remain available according to law.
Part 4 Supporting Documents And Contact
4.1 Supporting documents
Required transaction notices accompany the applicable agreement. Relevant supporting materials may include the accepted scope, change orders, a separately accepted Subcontract Rider, manufacturer warranty information, project completion records, lien waivers, and cancellation forms. Our website service terms are available at fcepro.com/service-terms. Related policies are at fcepro.com/privacy and fcepro.com/sms-terms. Website-use policies do not expand or reduce the service agreement except as expressly and lawfully incorporated. Ask us for a copy of the version governing your project.
4.2 Contact information
First Choice Electric LLC
5377 State Route N. Suite 437
Cottleville, MO 63304
Phone: (636) 240-2966
Email: info@fcepro.com
Missouri State License: #2025001688 · St. Louis County License: #ES4501 · St. Charles County License: #E25-000008
These terms are linked from every estimate and invoice. See also our Terms of Service, SMS Terms, and Privacy Policy.