Atlas Properties, LLD DBA MidTenn Handyman
Master Service Agreement (MSA)
Updated July 11, 2026.
- Acceptance of Agreement
Acceptance of any proposal electronically or in writing constitutes acceptance of this
Agreement. The Proposal, this Agreement, approved Change Orders, and any written
amendments constitute the entire agreement. - Proposal Validity
Proposals remain valid for thirty (30) days unless otherwise stated. - Scope of Work
Only work specifically described in the Proposal is included. All other work is excluded
unless added by written Change Order. - Change Orders
Changes resulting from customer requests, concealed conditions, code requirements,
inspections, material substitutions, or unforeseen conditions require written approval and
may affect pricing and schedule. - Concealed Conditions
Pricing is based solely upon visible conditions. Rot, mold, termites, hidden moisture,
structural deficiencies, plumbing defects, electrical defects, code violations, hazardous
materials, and concealed damage are excluded unless specifically identified in the Proposal
and may require additional work. - Unit Pricing & Allowances
Allowance items and unit-priced work are estimates only and shall be adjusted to actual
quantities encountered. - Material Availability
Materials may become unavailable. Comparable substitutions may be used after notifying
Customer. - Scheduling
Estimated start dates are not guaranteed and may change due to weather, inspections,
permitting, labor availability, material shortages, prior project duration, or events beyond
Contractor’s control. - Deposits
Deposits are earned upon receipt and are non-refundable because Contractor immediately
allocates labor, scheduling, administration, procurement, and project planning resources. - Payment Terms
Unless otherwise agreed: 35% deposit, 40% progress payment, and 25% final payment.
Invoices are due upon receipt. - Interest on Late Payments
Past due balances accrue interest at 1.5% per month (18% annually) or the maximum rate
permitted by Tennessee law, whichever is less. - Collection Costs
Customer agrees to pay reasonable collection costs, attorney’s fees, arbitration costs, expert
witness fees, and court costs where permitted by law. - Credit Card on File
Projects exceeding $1,000 require a valid credit card on file. Customer authorizes charges
for scheduled payments, approved change orders, returned payments, contractual
cancellation fees, and damage caused by Customer or guests. Unauthorized work will never
be charged without approval. - Customer Cancellation
Cancellation after scheduling may result in forfeiture of all or part of the deposit together
with reimbursement of documented costs incurred. - Customer Responsibilities
Customer shall provide safe access, utilities, parking, a reasonably sanitary work
environment, secure pets, supervise children, remove personal belongings from work areas,
and obtain HOA approvals unless otherwise agreed. - Site Preparation
Pricing assumes work areas are clean and ready for construction. Additional labor required
to clean, move belongings, or create access is excluded. - Customer-Supplied Materials
Contractor assumes no responsibility for compatibility, defects, warranty claims, delays, or
replacement labor related to customer-supplied products. - Hazardous Materials
Unless expressly included, asbestos, lead, mold remediation, environmental remediation,
and hazardous material testing are excluded. - Existing Finishes
Exact matches of paint, stain, texture, grout, caulk, flooring, or other finishes cannot be
guaranteed. - Warranty
Contractor warrants workmanship for one (1) year unless otherwise stated. - Warranty Exclusions
Warranty excludes structural movement, water intrusion after completion, lack of
maintenance, abuse, misuse, manufacturer defects, Acts of God, and work altered by others. - Right to Cure
Customer shall provide written notice of alleged defects and allow Contractor at least thirty
(30) days to inspect and reasonably cure before initiating legal proceedings or hiring others,
except in emergencies. - Suspension of Work
Contractor may suspend work for unsafe conditions, harassment, customer interference,
fraud, non-payment, or denial of access. - Customer Default
Customer default permits Contractor to suspend or terminate work and invoice for
completed work, materials, mobilization, demobilization, and reasonable overhead and
profit where permitted by law. - Project Abandonment
Failure to provide decisions, access, or required payments for fourteen (14) consecutive
days may constitute project abandonment and require rescheduling. - Insurance
Insurance reimbursement does not alter Customer’s payment obligations. - Mechanic’s Lien Rights
Contractor reserves all mechanic’s lien rights provided by Tennessee law. - Limitation of Liability
Contractor’s liability shall not exceed the amount paid under the applicable contract and
excludes consequential, incidental, indirect, punitive, or special damages. - Indemnification
Customer agrees to indemnify Contractor against losses arising from Customer negligence,
unsafe conditions, third-party actions, pets, or guest conduct, except to the extent caused by
Contractor’s negligence. - Mutual Cooperation
Both parties agree to communicate in good faith to resolve issues before formal dispute
proceedings. - Arbitration
Disputes shall be resolved by binding arbitration under the Commercial Rules of the
American Arbitration Association in Tennessee, except for lien enforcement, collection
actions, or lawful injunctive relief. - Prevailing Party
The substantially prevailing party in arbitration or legal proceedings shall be entitled to
recover reasonable attorney’s fees, arbitration fees, expert witness fees, court costs, and
other recoverable litigation expenses to the fullest extent permitted by law. - Waiver of Jury Trial
To the extent any dispute proceeds in court, both parties knowingly waive trial by jury. - Force Majeure
Contractor is not responsible for delays caused by weather, natural disasters, governmental
actions, labor shortages, transportation disruptions, pandemics, or similar events beyond
its control. - Photography
Contractor may photograph work for documentation, warranty administration, training,
dispute resolution, and marketing. Personally identifying information will not intentionally
be published without consent. - Assignment & Subcontractors
Contractor may utilize qualified employees and subcontractors while remaining responsible
for contract performance. - Electronic Signatures
Electronic signatures and electronic acceptance are binding to the fullest extent permitted
by law. - Severability
If any provision is unenforceable, the remaining provisions remain effective. - Survival
Payment obligations, warranties, dispute resolution provisions, limitation of liability,
attorney’s fees, and lien rights survive completion or termination. - Governing Law
This Agreement is governed by the laws of the State of Tennessee. - Entire Agreement
The Proposal, this Agreement, and approved Change Orders constitute the entire agreement
between the parties.