Terms & Conditions
Welcome to Build Safe Escrow, LLC, a Florida limited liability company operating as BuildSafe (“BuildSafe,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website, www.buildsafeescrow.com, and the BuildSafe platform.
By accessing our website, creating a BuildSafe account, or using our services, you agree to these Terms.
1. Overview of Services
BuildSafe provides construction escrow services as a neutral third party. We hold project funds in an FDIC-insured escrow account and disburse them based on milestones agreed to by the parties.
We do not perform construction work, manage projects, or guarantee the performance of any party.
2. Role of BuildSafe
BuildSafe acts solely as a neutral escrow agent. Our responsibilities are limited to:
- Holding escrowed funds
- Administering milestone-based disbursements according to each project’s Escrow Instructions
- Confirming that the documents tied to each milestone have been submitted
We do not:
- Evaluate workmanship, quality, or scope
- Act as an inspector or as the approving party on any milestone
- Verify that submitted documents are accurate, genuine, or complete
- Decide, mediate, or arbitrate disputes between the parties
- Act as a contractor, project manager, or legal or financial advisor
3. Escrow Agreement Documents
Every BuildSafe project is governed by two documents:
- The General Escrow Terms, which apply to every project and are accepted when you create an account.
- The project’s Escrow Instructions, which set the project-specific terms: amounts, milestones, approvals, fees, and contacts.
Together they form the binding escrow agreement for that project. If these website Terms conflict with the General Escrow Terms or a project’s Escrow Instructions, those documents control.
4. How Funds Are Released
Funds are released only when a milestone’s release condition, as stated in the Escrow Instructions, is met. Typical conditions include milestone completion, written approval from the designated approver, a passing inspection, or expiration of the approval window.
If the approving party does not respond within the approval window, the milestone is deemed accepted and released. Rejections must include a written reason. If the same milestone is rejected three times, the project is paused and handled under the dispute process in the General Escrow Terms.
5. Change Orders
Any change to a project’s scope or amount must be submitted as a change order through the BuildSafe platform and approved by the Project Owner. A change order takes effect only after it is approved and fully funded in escrow. BuildSafe does not disburse funds for change order work that was not approved and funded before the work was performed.
6. Platform Actions
All project actions, including funding, milestone submissions and approvals, change orders, fee payments, lien waivers, and dispute resolution, are made inside the BuildSafe platform. BuildSafe does not accept or act on any project change, approval, or instruction sent by email or phone.
7. User Responsibilities
All parties agree to:
- Provide accurate and complete information and complete identity verification when requested
- Review the General Escrow Terms and each project’s Escrow Instructions before signing
- Respond to milestone requests and notices within the stated timeframes
- Raise disputes promptly and through the platform
Failure to respond within the stated timeframes may result in a milestone being deemed accepted and released. A project with no qualifying activity for the period stated in its Escrow Instructions may be paused and, after notice to both parties, closed as described in the General Escrow Terms.
8. Fees and Payments
Fees are stated in your quote and in each project’s Escrow Instructions. Fees are not collected until both parties have signed the Escrow Instructions, and are non-refundable once the project begins. Additional fees may apply for extra disbursements, change orders that add a milestone, lien waivers, and other optional services.
9. Fraud Prevention
All funding and disbursements are handled through secure payment links inside the BuildSafe portal. We will never change payment instructions, and we will never send new or updated payment links by email.
If you receive an email asking you to use a different link or to change any payment details, do not act on it. Contact BuildSafe directly at 855-611-3532 before sending any funds. BuildSafe is not responsible for funds sent on unverified, altered, or fraudulent instructions or links.
10. Disputes Between Parties
BuildSafe is a neutral stakeholder and is not a party to any dispute between a Project Owner and Contractor. We do not decide, mediate, or arbitrate disputes.
When a dispute is raised, the affected funds are frozen and the project is paused. The parties resolve the dispute through the negotiation and arbitration process set out in the General Escrow Terms. BuildSafe releases frozen funds only on joint written instruction from both parties or a final arbitration award or court order.
11. Limitation of Liability
To the fullest extent permitted by law, BuildSafe is not liable for contractor performance or non-performance; quality, delays, or defects in construction work; financial losses arising from project disputes; or indirect, incidental, or consequential damages. BuildSafe’s total liability for any project is limited to the fees paid to BuildSafe for that project.
12. No Guarantee of Outcomes
Escrow reduces risk but does not eliminate it. BuildSafe does not guarantee project completion, satisfaction with work performed, or financial outcomes for any party.
13. Compliance with Laws and Identity Verification
Users agree to comply with all applicable laws. Identity verification is required in accordance with KYC and AML laws and is completed through the BuildSafe portal. BuildSafe may request additional information, withhold platform access or disbursement until verification is complete, refuse or terminate services for suspicious or unlawful activity, and report activity as required by law.
14. Account Suspension or Termination
We may suspend or terminate an account if false or misleading information is provided, fraudulent or suspicious activity is detected, or these Terms are violated. Escrowed funds on an active project remain held and are handled under the General Escrow Terms.
15. Intellectual Property
All website and platform content, branding, and materials are owned by BuildSafe and may not be copied, distributed, or used without permission.
16. Third-Party Services
Our services rely on third-party providers, including our partner bank and payment processors. BuildSafe is not responsible for the performance or actions of these third parties.
17. Changes to These Terms
We may update these Terms from time to time. Updated versions will be posted on this page with a revised effective date. Changes to the General Escrow Terms are versioned and recorded at acceptance.
18. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
19. Contact
Build Safe Escrow, LLC Website: www.buildsafeescrow.com Email: info@buildsafeescrow.com Phone: 855-611-3532