Best Fence & Deck Builders

Terms of Use

Terms of Use

These Terms of Use (“Terms”) govern your use of this website winklerfenceanddeck.com (the “Website”), which is owned and operated by Winkler Construction Company, Inc. (“Company,” “we,” “us,” or “our”), trading as Winkler Fence & Deck, a Maryland fence and deck contractor that provides residential and commercial construction services. By accessing or using this Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Website.

1. Website Purpose & Informational Use Only

This Website is provided for general informational and marketing purposes only. Information on this Website, including service descriptions, pricing examples, timelines, photos, and project descriptions, is not intended to constitute a binding offer, estimate, or contract.

All residential and commercial work is subject to a separate, written agreement signed by the Company and the customer.

2. Residential vs. Commercial Services

The Company provides both residential and commercial fence, deck, and related construction services. Certain terms, warranties, pricing, timelines, payment structures, and legal requirements may differ between residential and commercial projects.

  • Progress billing
  • Retainage
  • Net payment terms
  • Insurance and bonding requirements
  • General contractor or property manager requirements
  • Additional safety and site access rules

3. Estimates, Quotes & Pricing

Any estimates or quotes requested through the Website, phone, email, or other electronic means are non-binding and preliminary. Final pricing is subject to on-site inspection, measurements, material selection and availability, labor conditions, site access and safety requirements, permitting and inspection requirements, property conditions, scope changes, and final written contract approval.

4. Scheduling, Weather & Delays

Project start dates and completion timelines are estimates only. The Company is not responsible for delays caused by weather conditions, material or supply chain delays, permitting or inspection delays, acts of God, labor shortages, site access restrictions, customer-requested changes, or other factors beyond the Company’s reasonable control.

5. Permits, HOA Approval & Property Authority

Unless otherwise agreed in writing:

  • Customer is responsible for obtaining HOA, condominium, or community association approvals
  • Customer represents they are the legal owner or authorized agent with authority to approve work on the property
  • Commercial customers represent they have authority from the property owner to authorize work
  • Required permits may affect project scheduling and pricing

6. Utilities, Underground Conditions & Site Disclosures

Customer is responsible for disclosing and identifying the location of underground utilities, private utility lines, irrigation systems, invisible pet fences, septic systems, drainage systems, lighting, electrical or communication lines, and any other concealed or underground improvements. The Company is not responsible for damage to undisclosed, unmarked, or privately owned underground systems.

7. Change Orders

Any changes to scope, materials, layout, access, or project conditions may require a written change order and may result in additional costs and time extensions. Verbal changes are not binding unless confirmed in writing.

8. Photos, Designs & Marketing Use

The Company may photograph completed residential and commercial projects and use photos, videos, renderings, and project descriptions for marketing, advertising, portfolio, and promotional purposes unless the customer provides written notice opting out prior to project completion.

All designs, layouts, drawings, and concepts remain the intellectual property of the Company unless otherwise agreed in writing.

9. Third-Party Materials & Manufacturer Warranties

Certain materials are subject to manufacturer warranties. The Company does not control and is not responsible for manufacturer warranty performance, coverage, or claims handling.

10. No Engineering, Architectural or Legal Advice

Content on this Website is not intended as engineering, architectural, code compliance, or legal advice. Customers should consult appropriate licensed professionals where required.

11. Payment, Non-Payment & Collections

Payment terms are governed by the written contract for each project. Failure to make timely payments may result in suspension of work, delays in scheduling or completion, storage or remobilization fees, collection efforts, and legal action to recover unpaid balances. The Company reserves the right to recover all costs of collection, including reasonable attorneys’ fees, court costs, and collection agency fees, to the extent permitted by Maryland law.

12. Mechanics’ Lien Rights (Maryland)

To the fullest extent permitted by Maryland law, the Company reserves all rights to file and enforce a mechanics’ lien or similar construction lien for unpaid labor, materials, services, or other amounts due. Nothing in these Terms shall be deemed a waiver of the Company’s lien rights. Customers acknowledge that failure to pay for work performed may result in a lien being filed against the property as allowed by Maryland law.

13. Intellectual Property

All Website content, including text, images, logos, graphics, designs, and layout, is owned by or licensed to the Company and is protected by intellectual property laws. Unauthorized use is prohibited.

14. Website Accuracy & Reliance

We do not guarantee that Website content is complete, current, or error-free. Customers agree not to rely solely on Website content when making purchasing or construction decisions.

15. Disclaimer of Warranties (Website)

This Website is provided on an “as is” and “as available” basis. The Company disclaims all warranties relating to Website operation, accuracy, or availability.

16. Limitation of Liability (Website)

To the maximum extent permitted by Maryland law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website.

17. Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, losses, or expenses arising from your use of the Website or violation of these Terms.

18. Governing Law & Venue

These Terms shall be governed by the laws of the State of Maryland, without regard to conflict of law principles. Any legal action relating to these Terms or use of the Website shall be brought in the state or federal courts located in Maryland.

19. Changes to These Terms

The Company may modify these Terms at any time. Continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

20. Contact Information

Winkler Construction Company, Inc.
20227 Old York Rd.
White Hall, MD 21161
(410) 916-1804
Email

Updated: 1/1/2026