Thank you for shopping at Structural Plans! We are committed to providing high-quality structural plans to meet your building needs. Below are the terms & conditions that act as the contractual obligations to be upheld by both StructuralPlans/CCJSE and the client. By purchasing structural plans from this site, you acknowledge and agree to the terms and conditions listed below.

1. Scope of Work, Fees & Payment Schedule, Project Schedule

The Consultant agrees to furnish the Client with professional engineering services on the referenced Project as described below:

• Scope of Work
  • The scope of work for the project generally includes:
    • Prepare construction drawings for the project shown based on drawings received from the Client.
    • No allowance has been made to account for unforeseen conditions or mistakes during construction.
    • Construction administration is not included in the scope of work.
• Fees & Payment Schedule
  • All fees must be paid in full at the time of placing the order. If the order is placed incorrectly, all fees paid will be applied toward the project fee. If the actual fee is higher than what is purchased, an additional invoice will be sent to cover the difference and must be paid in full prior to delivery of plans. If the actual fee is lower than what is purchased, the overpayment will be refunded via check or credit card return.
  • The fixed fee for providing professional engineering services excludes reimbursable expenses.
  • This Fee is based upon the assumption of the reasonable and customary processes attendant to a project of this type. Any changes made by the Client in the Scope of Work or the design concept of the Project once work has commenced will require the assessment of additional engineering fees. Those fees would be billed according to the Consultant’s standard hourly rates.
  • Reimbursable expenses are those incurred directly or indirectly in connection with the Project such as transportation; authorized out-of-town travel and subsistence incidental thereto; teleconferences, web meetings; postage/mail delivery services; reproduction costs; and all taxes levied on professional services and reimbursable expenses. Reimbursable expenses are defined as the actual expenses multiplied by a factor of 1.10 including sales and use taxes levied.

2. Standard of Care

• The only warranty or guarantee made by the Consultant in connection with the services performed hereunder, is that he will use that degree of care and skill ordinarily exercised under similar conditions by reputable members of his profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended by his proposal for consulting services or by his furnishing oral or written reports, calculations, or drawings.

3. Building Information Model

• The Consultant may choose to utilize Building Information Modeling to assist in the preparation of design documents for the project. The Consultant makes no warranty or guarantee that the information in any model prepared for the project is correct. The Consultant is only responsible for the accuracy of information that is presented in project Design Documents. The Consultant has no control over and is not responsible for the accuracy or completeness of information inputted by other parties. The Consultant may choose to share BIM models to aid in overall project coordination; however, any party that chooses to use a BIM model provided by the Consultant is doing so at their own risk.

4. Agreed Remedy

• In order for the Client to obtain the benefit of a fee that includes a lesser allowance for risk funding, the Client agrees to limit the Consultant’s liability arising from the Consultant’s acts including, but not limited to, negligence, strict liability, breach of contract, errors, or omissions such that the total liability of the Consultant shall not exceed the Consultant’s total fees for the services rendered on the project. For condominium projects, the Client agrees to limit the Consultant’s liability to the amount stated above or $50,000, whichever is lesser, and to indemnify the Consultant if routine maintenance of the structure is not performed.

5. Right of Entry

• Unless otherwise agreed, the Client will furnish the Consultant with right of entry to the Project for purposes of performing those tasks outlined in the Scope of Work

6. Indemnification

• The Client must indemnify and hold harmless the Consultant and any of his personnel from and against any and all claims, damages, losses, and expenses (including reasonable attorney fees) arising out of, or resulting from, the performance of services, provided that any such claims, damage, loss, or expense is caused in whole or in part by the negligent act or omission and/or strict liability of the Client, anyone directly or indirectly employed by the Client (Except the Consultant) or anyone for whose acts any of them may be liable. This indemnification must include any claim, damage, or losses due to the presence of hazardous materials and for any discrepancies between the construction documents and the actual conditions of the Project.

7. Ownership of Documents

• All computer files and documents, including, but not limited to, drawings, specifications, reports, logs, field notes, calculations, and estimates prepared by the Consultant as instruments of service under this Agreement, are and must remain the sole property of the Consultant. The Client agrees that all documents of any nature furnished to the Client or his agents or designees, if not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. The Client further agrees that under no circumstances will any of the documents produced by the Consultant under this Agreement, be used at any location or for any project not expressly provided for in this Contract without the express written permission of the Consultant. At the request and expense of the Client, the Consultant will provide the Client with copies of documents created in the performance of the work for a period not exceeding five years following the original submission of those documents contemplated by this Agreement. If Client requests electronic documents, the electronic documents are for information purposes only and not intended as an end product; the documents may be unintentionally altered; Consultant makes no warranties regarding fitness or suitability; and Client will defend and indemnify the Consultant for claims relating to unauthorized use, reuse, or alteration of the electronic documents.

8. Insurance

• The Consultant maintains professional liability insurance for a $1,000,000 annual aggregate limit. The cost of the above coverage is included in the Consultant’s Fee. If additional or different kinds of coverage, or increased limits of liability, are required by the Client, the Consultant will endeavor to obtain the requested insurance, and the Client agrees to incur, as an addition to the Consultant’s Fee, all costs associated with additional or different kinds of coverage or increased limits.

9. Termination

• Either the Client or the Consultant may terminate this Contract by giving seven (7) days’ written notice to the other party. In such event, Client will forthwith pay the Consultant in full for all work previously authorized and performed prior to the effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement will be terminated upon completion of all applicable requirements of the Agreement. The Consultant has the right to suspend performance if the Client is in default, including untimely payment for services rendered.

10. Mediation

• To resolve any conflicts that arise during the course of completing the project that is the subject of this Contract, or following completion of the project, the Client and the Consultant agree that all disputes between them arising out of, or relating to, this Agreement must be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and the Consultant agree to include a similar mediation provision in all Agreements with independent Consultants and sub consultants retained for the project and to require all independent Consultants and sub consultants also to include a similar mediation provision in all Agreements with their sub-consultants, suppliers, or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those Agreements.

11. Legal Expenses

• In the event legal action is brought by the Client or the Consultant against the other party to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party will pay the prevailing party such reasonable amounts for Fees, costs, and expenses as may be set by the court, or on appeal, to include where appropriate, the time and effort expended by the Client or the Consultant according to their current billing schedules.

12. Code and Law Compliance

• The Consultant agrees to comply with applicable codes and regulations in accordance with the Standard of Care stated above. The Client recognizes the possibility of various, and possibly contradictory, interpretations of codes and regulations.

13. Delays

• The Consultant is only responsible for delay costs to the extent those delay costs are caused by the Consultant’s negligence. Consultant is not responsible for delays caused by Owner or other parties.

14. Estimate of Construction Costs

• The Consultant does not guarantee the cost of work or budget, etc. Any evaluation of the budget or estimate of the cost of the work is based on the Consultant’s judgment, but the Consultant does not warrant or guarantee the budget or cost of work.

15. Existing Conditions

• Remodeling, repairing, and/or rehabilitating an existing structure requires certain assumptions to be made regarding the existing structure and some assumptions may not be verifiable without spending additional money and/or destroying otherwise adequate or serviceable portions of the building. The Client agrees to hold the Consultant harmless from any claims arising out of the assumptions made regarding existing conditions, except to the extent such claims arise from the Consultant’s negligence.

16. Payment & Communication Clause

• For the Consultant to provide prompt and attentive service to the Client, the Client agrees to pay invoices timely in accordance with the contract and invoice due dates. The Consultant reserves the right to suspend work on the project, including communication, when payments are not received within 1 week of the invoice due date. If invoices become more than 1 week delinquent and the Consultant stops work, the Consultant makes no guarantee that the Project deadlines established above will be met.

At Structural Plans, we strive to ensure customer satisfaction, and we appreciate your understanding of our refund policy. If you have any further questions or require assistance, please don’t hesitate to reach out to us.