Standard terms for every BuildSafe project
Version 12.0 · 2026
These General Escrow Terms govern all escrow services provided by Build Safe Escrow, LLC, a Florida limited liability company operating under the brand name BuildSafe (“BuildSafe,” “we,” or the “Escrow Agent”). They are accepted once when you create an account and are incorporated into the Escrow Instructions for every project. Together, these Terms and a project’s Escrow Instructions form the binding escrow agreement for that project.
1. The Escrow Agent’s role
We act solely as a neutral third party to:
- Hold escrowed funds.
- Administer milestone-based disbursements in accordance with each project’s Escrow Instructions.
- Verify receipt of the documentation or confirmations tied to each milestone.
2. What we do not do
- Evaluate workmanship, quality, or scope compliance.
- Act as an inspector, or serve as the approving party on any milestone.
- Verify that documents or evidence submitted with a milestone request are accurate, genuine, or complete.
- Resolve disputes between the Project Owner and Contractor.
- Supervise or manage construction activities.
- Act as a party to the underlying construction contract.
- Provide any warranty, or act as your legal or financial advisor.
Nothing in these Terms makes BuildSafe responsible for the performance of the underlying construction contract. We confirm that required documents have been submitted, but we do not check whether they are genuine, accurate, or complete — that responsibility rests with the parties.
3. How milestone payments work
Escrowed funds are held until a milestone is approved. The Contractor submits a disbursement request with supporting evidence (and any required inspection document). The approving party named in the Escrow Instructions has the approval window stated there to approve or reject the request in writing. On approval, we release the milestone amount to the Contractor.
A rejection must include a written reason and the specific required fixes; the Contractor may address the feedback and resubmit. If the approving party does not respond within the approval window, the milestone is deemed accepted and released. Silence or non-response does not delay payment.
Rejections are counted per milestone. After the second rejection of the same milestone, BuildSafe notifies both parties that one further rejection will pause the project. If the same milestone is rejected a third time, the milestone is treated as disputed and the project is paused under Section 10.
4. Funding & fund custody
Escrowed funds are held in a BuildSafe escrow account at Column N.A., Member FDIC, in a custodial capacity for the benefit of the parties. Each project’s funds are tracked in a separate sub-ledger and are kept separate from BuildSafe’s operating funds.
Bank account details are encrypted, and only the last four digits are shown in the platform. Project documents are stored securely and shared only through time-limited links. The amount, funding method, and funding schedule for each project are set in its Escrow Instructions.
5. Fees
The escrow fee and the number of included disbursements are stated in each project’s Escrow Instructions. Additional disbursements — for example, extra change orders or partial releases — incur a supplemental fee stated there. The party responsible for fees is identified in the Escrow Instructions. We are not obligated to process an additional disbursement until the applicable fee is paid or authorized to be deducted from escrowed funds.
6. Change orders
A “Change Order” is any modification to the scope of work or contract amount submitted by the Contractor through the BuildSafe platform, identifying the amount, the change in scope, and the milestone it modifies (or that it is to be added as a new milestone), and approved by the Project Owner in the platform. A Change Order is effective only when it has been approved and the full Change Order amount has been deposited into escrow or applied from an available contingency reserve, with any shortfall deposited by the Project Owner. Change Orders may be applied only to milestones that have not yet been disbursed.
BuildSafe will not disburse funds for work performed under a Change Order that was not approved and funded before the work was performed. Any work performed on unapproved or unfunded scope is outside the escrow arrangement and is a matter solely between the Contractor and the Project Owner. BuildSafe does not evaluate whether a Change Order is reasonable, necessary, or properly priced.
7. Lien waivers (optional)
Lien waivers are available on request during an active project. The applicable fee is collected before we generate the waiver and circulate it for signature. Once signed, the waiver is stored securely and made available to the requesting party to download from the BuildSafe portal.
8. Platform actions & fraud prevention
All project actions — including quotes, 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-related change, approval, or instruction sent by email or phone; calls and emails are for questions and verification only.
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. When in doubt, contact BuildSafe directly at (855) 611-3532 before sending any funds. We are not responsible for funds sent on unverified, altered, or fraudulent instructions or links.
9. Identity verification (KYC / AML)
Identity verification is required and is completed through the BuildSafe portal in accordance with applicable KYC (Know Your Customer) and AML (Anti-Money-Laundering) laws. BuildSafe may request additional information and may withhold platform access or disbursement until verification is complete.
10. Disputes & governing law
BuildSafe is a neutral stakeholder and is not a party to any dispute between the Project Owner and Contractor. We do not decide, mediate, or arbitrate disputes, and we continue to release any undisputed funds.
If a milestone is disputed — because a party raises a dispute, or automatically after the third rejection of the same milestone under Section 3 — BuildSafe freezes that milestone’s payment and pauses the project. While a project is paused, all escrowed funds remain held, no milestones are released, and no Change Orders are processed. BuildSafe administration oversees the paused project but does not decide the dispute. The parties’ other projects are not affected. A paused project with no qualifying activity remains subject to the inactivity provision in Section 12.
When a dispute is raised, the parties first have a 14-calendar-day negotiation period to resolve it in good faith. If they reach a resolution, both parties lift the dispute directly in the BuildSafe portal, where each signs off on the agreed terms; this joint sign-off is the instruction for BuildSafe to release the frozen milestone. A dispute cannot be lifted by one party alone. If they do not resolve it within that period, the dispute is submitted to binding arbitration administered by the American Arbitration Association (AAA), JAMS, or net-ARB, as the parties select. Because BuildSafe is not a party to the dispute, the Project Owner and Contractor are responsible for the arbitration costs and fees.
BuildSafe releases frozen funds only upon (a) joint written instruction signed by both parties (including a joint sign-off in the portal), or (b) a final, binding arbitration award or court order. BuildSafe may also deposit disputed funds with a court of competent jurisdiction and recover its related costs, after which it has no further responsibility for those funds. Matters relating to the escrow process and BuildSafe’s duties are governed by the laws of the State of Florida.
11. Limitation of liability
To the extent permitted by law, BuildSafe’s liability is limited to the escrow services described in these Terms. We are not liable for the underlying construction work or for indirect or consequential losses.
12. Term & ending a project
These Terms remain in effect while you use the platform. A project’s escrow ends when all milestones are completed and the funds are disbursed.
The Project Owner may request early termination of a project through the BuildSafe portal. The request does not by itself entitle the Project Owner to a refund. The Contractor has 30 days to respond by consenting to the termination, proposing terms for closing out the work, or objecting. If the Contractor consents, the parties jointly sign off in the portal on the amounts to be released to the Contractor for work performed and the balance to be returned to the Project Owner. If the Contractor objects, the request is treated as a dispute under Section 10 and all funds remain frozen until the dispute is resolved. If the Contractor does not respond within 30 days, the undisbursed funds are returned to the Project Owner and the project is closed.
Qualifying activity means a milestone submission, approval, or rejection, a Change Order action, or a deposit into escrow; messages and logins do not count. If a project has no qualifying activity for the period stated in its Escrow Instructions, the project is paused and BuildSafe administration takes over. BuildSafe sends an inactivity warning to both parties 15 days before the period ends and a further notice when the project is paused. After the pause, BuildSafe contacts both parties and allows 15 days to respond. If neither party responds with a resolution or qualifying activity within that period, BuildSafe may return the undisbursed funds to the Project Owner and close the project. If either party objects, the matter is treated as a dispute under Section 10.
How you accept these terms
You accept these General Escrow Terms in two ways:
- Once, when you create a BuildSafe account — by checking the box confirming you have read and agree to these terms.
- Again, for each project — that project’s Escrow Instructions incorporate these terms, and both parties acknowledge and sign them before the project begins.
BuildSafe records each acceptance, including who accepted, the version of these terms, and the date.