Terms of Service & Takeoff Disclaimers

1. Scope of Estimating & Quantity Takeoff Services

Sitework Estimate provides digital pre-construction takeoffs, 3D surface TIN modeling, cut/fill earthwork computations, underground utility pipe tallies, and bid-item spreadsheets. Our services are based strictly on client-provided engineering drawings, specifications, CAD files, and geotechnical reports.

Professional Role Clarification: Sitework Estimate operates strictly as an independent preconstruction consulting and estimating support service. We do not act as the Civil Engineer of Record (EOR), Structural Engineer, or Architect of Record (AOR) for any project. Our deliverables do not constitute stamped, certified, or sealed engineering drawings for submission to municipal building departments, permitting authorities, or zoning commissions. The bidding contractor retains complete legal responsibility for reviewing, adjusting, and verifying all final quantities before submitting binding proposals to project owners or general contractors.

2. Client Furnished Information & Plan Quality

The accuracy of any digital takeoff is directly dependent upon the legibility and completeness of the drawings supplied by the client. The client agrees to provide:

• Vector or Legible Scans: Plan sheets with clearly visible dimension strings, contour elevation labels, graphic bar scales, and pipe profile inverts.
• Current Drawing Revisions: Complete drawing sets including all current addenda, revision bulletins, geotechnical boring logs, and civil general notes issued prior to the commencement of modeling.
• Scale Notice: If drawing sheets contain non-uniform scaling distortions caused by multi-generation scanning or architectural re-formatting, Sitework Estimate will calibrate scales using graphic bar scales and known building dimensions. However, the client must verify calibrated dimensions where critical site boundary tolerances exist.

3. Contractor Field Verification & Geotechnical Responsibility

All volume and item tallies are calculated from provided design contours and plan details. However, physical subterranean conditions can vary from engineered drawings. The bidding contractor acknowledges and agrees that:

• Physical Site Inspection: The contractor remains solely responsible for conducting physical jobsite walkthroughs, reviewing existing benchmark elevations, inspecting surface drainage, and identifying unmapped physical obstructions.
• Differing Subsurface Conditions: Natural ground is inherently variable. Geotechnical reports represent discrete borehole samples that may not reflect intervening geological anomalies. Sitework Estimate calculates rock excavation and groundwater impacts strictly according to the boring logs provided. We assume no liability for unclassified excavation overruns, subterranean karst voids, buried construction debris, or unforeseen groundwater conditions encountered during field operations.
• Soil Shrink and Swell Variances: Compaction and expansion percentages (Bank Cubic Yards to Loose Cubic Yards to Compacted Cubic Yards) are estimating estimates derived from standard geotechnical guidelines. Actual compaction yields depend upon field roller passes, moisture conditioning, and source quarry density.
• Final Pricing Authority: The contractor retains sole discretion over equipment selection, labor production rates, fuel surcharges, overhead markups, and final bid pricing submitted to owners or general contractors.

4. Plan Revisions, Bulletins & Addenda Workflow

Estimating turnaround timelines and fees are calculated based on the specific plan revision provided at initial contract engagement. When project design addenda, architectural bulletins, or revised civil sheets are issued during active bidding:

• Delta Revision Audits: We evaluate revised sheets against the baseline surface model. Minor scope adjustments are frequently accommodated at nominal update rates.
• Major Redesigns: If an addendum fundamentally redesigns site grading, relocates building pads, or replaces utility infrastructure networks, an updated scope review and supplemental revision fee will be quoted before updating models.
• Rush Bid-Day Turnaround: Revisions requested within 24 to 48 hours of formal bid closing will be prioritized based on modeling queue availability.

5. Limitation of Professional Liability

Sitework Estimate delivers quality-controlled, multi-stage engineering takeoffs audited by experienced civil estimators. However, because we have no control over field construction methods, site management, equipment maintenance, or bidding markups:

To the maximum extent permitted by applicable law, in no event shall Sitework Estimate, its officers, directors, employees, or contractors be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation lost profits, lost business opportunities, project delays, or liquidated damages arising out of or in connection with delivered takeoffs. Our total aggregate liability for any claim arising out of our services shall not exceed the total fee actually paid by the client for the specific takeoff project at issue.

6. Intellectual Property & Deliverable Rights

Upon receipt of full payment of quoted service fees, the client is granted an exclusive, non-transferable license to utilize all delivered Excel workbooks, 3D surface models, vector plan markups, and visual cut/fill heatmaps for their internal bid submission, machine control grading setup, and construction planning. Sitework Estimate retains ownership of its proprietary estimating templates, custom mathematical formulas, and internal modeling algorithms.

7. Governing Law & Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the United States. In the event of any controversy or dispute arising out of or relating to these terms, the parties agree to first attempt resolution through good-faith executive negotiation. If unresolved, disputes shall be submitted to binding arbitration administered under the Construction Industry Arbitration Rules of the American Arbitration Association (AAA).

8. Payment Terms & Invoicing Policies

Takeoff engagements are quoted on a fixed-project fee basis unless otherwise specified in an individual scope proposal. For first-time clients, payment or an initial retainer is required prior to the release of final unlocked Excel workbooks, LandXML surface meshes, and marked plan files. Repeat clients operating under an approved commercial credit application agree to Net-15 or Net-30 payment terms from the date of invoice transmission. Unpaid balances past 30 days are subject to a late charge of 1.5% per month or the highest legal rate.

9. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid under applicable statutory law, such enforceability shall not render these Terms invalid as a whole; rather, the provision will be modified and interpreted to best accomplish the original objectives within the limits of the law. These Terms, combined with individual signed project proposals, constitute the entire commercial understanding between Sitework Estimate and the client.

10. Questions Regarding Our Terms

For questions regarding our service agreements, custom enterprise terms, or billing inquiries, please reach out to: