Master Radon Mitigation Service Agreement

Effective Date: January 1, 2026

1. PURPOSE & PROFESSIONAL STANDARD

Micro Clean Air (“Contractor”) provides professional radon mitigation services designed to reduce indoor radon levels in accordance with applicable NRPP and ANSI/AARST standards.

Radon is a naturally occurring radioactive gas. Indoor concentrations may vary due to soil composition, structure, weather, seasonal changes, and other factors beyond Contractor’s control. Mitigation systems are designed to reduce radon levels but do not eliminate radon entirely or guarantee specific health outcomes.

Contractor is committed to delivering a professional, effective system designed to reduce radon levels to acceptable standards. Where reasonably necessary, adjustments will be made in accordance with this Agreement.

2. SCOPE OF WORK

Contractor will furnish labor and materials to design and install a radon mitigation system based on visible and accessible conditions at the time of installation. System design is based on diagnostic testing, site conditions, and professional judgment.

The scope of work excludes:

Concealed or latent structural conditions
Subsurface or variable soil conditions
Future renovations or structural/mechanical changes
Utility interruptions, power outages, or acts of nature

Any work beyond the original scope will be discussed and approved by Client prior to proceeding and may incur additional cost.

3. SYSTEM PERFORMANCE & CONDITIONAL GUARANTEE

The system is designed to reduce radon levels to ≤ 3.9 pCi/L at the lowest livable level only, as verified by post-mitigation testing conducted under closed-building conditions using EPA-approved methods.

This performance expectation applies only if:

The system remains continuously powered
No alterations occur to the structure, HVAC system, or building envelope
Reasonable soil-gas communication exists
No structural defects interfere with system operation
Testing is performed in accordance with EPA protocols

This performance expectation does not apply to crawlspaces, unfinished areas, attics, or future finished spaces.

4. SYSTEM ADJUSTMENTS & ADDITIONAL WORK

If post-mitigation testing shows radon levels above 3.9 pCi/L at the lowest livable level, Contractor may provide one (1) system adjustment within the original design scope.

Additional measures—such as upgraded fans, additional suction points, expanded system design, or advanced sealing—may be required in certain structures and are not included in the original scope. Any such work will require Client approval and may incur additional cost.

A standard diagnostic or service fee may apply depending on site conditions and scope of visit.

Radon levels exceeding 3.9 pCi/L due to structural, environmental, or soil variability are not considered a failure of workmanship.

5. DEPOSITS & SCHEDULING

A deposit may be required at Contractor’s discretion prior to scheduling work. Any required deposit secures scheduling, labor allocation, and procurement of materials.

Deposits are non-refundable once scheduling is confirmed or materials have been ordered, except at Contractor’s sole discretion.

If Client cancels, delays, or reschedules work after confirmation, Contractor reserves the right to:

Retain all or part of the deposit
Apply the deposit toward rescheduling
Adjust project pricing or timeline as necessary

Failure to provide a required deposit may result in scheduling delays or project deferral.

Contractor operates in good faith and will make reasonable efforts to work with Clients in the event of legitimate or unforeseen circumstances.

6. SUBSTANTIAL COMPLETION & PAYMENT TERMS

Substantial completion is defined as the radon mitigation system being fully installed, powered, and actively operating, including fan installation and system depressurization beneath the structure.

Upon substantial completion, the project is considered functionally complete, and 90% of the total project cost is due, regardless of any remaining non-critical or finish-related items.

Non-critical items may include, but are not limited to:

Final exhaust stack extension above the roofline
Exterior finishing, paint, or aesthetic improvements
Weather-related delays
Scheduling constraints
Post-installation diagnostic testing or system optimization

The remaining balance may be withheld until final completion of these items, if applicable.

System operation and performance are not dependent on completion of these non-critical items.

Payment is otherwise due as stated on the estimate or invoice. Contractor reserves the right to withhold warranties, documentation, or service if payment obligations are not met.

7. PROGRESS PAYMENTS & EXTENDED PROJECTS

For projects extending beyond the originally anticipated duration due to site conditions, weather, scheduling constraints, or other factors outside Contractor’s control, Contractor reserves the right to request progress payments for work completed to date.

Progress payments shall be:

Proportional to the percentage of work completed
Due upon request prior to continuation of work
Applied toward the total contract balance

Contractor may suspend work until such payments are received.

Delays caused by Client, site conditions, weather, or third-party coordination shall not delay payment obligations for completed work.

8. CLIENT RESPONSIBILITIES

Client agrees to:

Maintain continuous power to the system
Avoid alteration, obstruction, or disconnection of system components
Notify Contractor of planned renovations or structural changes
Provide reasonable access for inspection, service, or completion

Failure to comply may void warranties or performance expectations.

9. WARRANTY (WORKMANSHIP)

Contractor provides a seven (7) year workmanship warranty covering installation quality and system components installed by Contractor.

This warranty:

Applies to workmanship only
Does not guarantee radon levels
Does not cover manufacturer-specific warranties

The warranty is void if the system is altered, damaged, disconnected, or affected by structural or environmental changes beyond Contractor’s control.

10. SYSTEM LIMITATIONS

Radon mitigation effectiveness is influenced by factors outside Contractor’s control, including soil conditions, building characteristics, and environmental variables.

Work is limited to accessible areas only; however, system design is intended to effectively reduce radon entry under normal conditions.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Contractor’s total liability is limited to the amount paid by Client under this Agreement.

Contractor is not liable for:

Health outcomes or medical conditions
Environmental or geological variability
Real estate or property value impacts
Incidental, indirect, or consequential damages

This limitation applies regardless of legal theory and extends to employees, subcontractors, and agents.

12. INDEMNIFICATION

Client agrees to indemnify and hold harmless Contractor from claims, damages, or losses arising from:

Client misuse or modification of the system
Third-party testing or interpretation
Structural, HVAC, or environmental changes
Actions of occupants or third parties

13. INCIDENTAL DAMAGE & SITE CONDITIONS

Client acknowledges that installation may require drilling, cutting, sealing, and access to areas such as walls, ceilings, floors, attics, and roofing systems.

These activities carry inherent risks, including potential contact with concealed systems or cosmetic impact.

Contractor will take reasonable care to minimize impact to the home during installation, but is not liable for incidental or unavoidable damage, including but not limited to:

Contact with concealed plumbing, electrical, or HVAC systems
Cosmetic damage to finishes or materials
Structural cracking from drilling or suction
Attic access-related impacts
Roof penetration or flashing-related conditions

Client is responsible for disclosing known hazards or sensitive conditions prior to work.

Any voluntary repair or remediation provided by Contractor does not constitute admission of liability.

14. GOVERNING LAW & DISPUTES

This Agreement shall be governed by the laws of the State of Colorado.

In any dispute, the prevailing party is entitled to recover reasonable attorney’s fees and costs.

15. ACCEPTANCE & BINDING AGREEMENT

Approval of any estimate, proposal, or invoice, or commencement of work, constitutes full acceptance of this Agreement.

Client agrees to be legally bound by all terms whether presented electronically, in print, or via hyperlink.

16. DISCLAIMER OF IMPLIED WARRANTIES

Except as expressly stated, Contractor disclaims all implied warranties, including merchantability or fitness for a particular purpose.

Radon mitigation reduces risk but does not eliminate radon or guarantee health outcomes.

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Master Radon Mitigation Service Agreement

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