ENGINEERING EXPRESS® PROJECT TERMS & CONDITIONS

BILLING, PAYMENTS, & DUE DATES

ALL PAYMENTS FOR SERVICES ARE DUE UPON RECEIPT OF FINAL WORK UNLESS AGREED OTHERWISE IN WRITING. 

RETAINERS AS REQUESTED AND AGREED ARE DUE TO COMMENCE WORK. THE START DATE SHALL NOT COMMENCE UNTIL A SIGNED CONTRACT AND RETAINER ARE RECEIVED. A DELAYED START DATE SHALL ALTER THE COMPLETION DATE ACCORDINGLY.

INVOICES ARE GENERATED WHEN EITHER OF THE FOLLOWING CRITERIA IS MET:

SUBSTANTIAL COMPLETION OF THE WORK PRODUCT PER THE WRITTEN AGREEMENT (THIS INCLUDES FINAL DRAFTS FOR CLIENT APPROVAL)

OR

IF THE CLIENT DOES NOT RESPOND TO E-MAIL OR PHONE COMMUNICATION REGARDING THE PROJECT IN PROGRESS WITHIN FIFTEEN (15) WORKING DAYS INCLUDING DATE OF CORRESPONDENCE. REMINDERS WILL BE SENT PRIOR TO THE PROJECT BEING BILLED TO DATE. THE PROJECT WILL THEN BE CONSIDERED CLOSED AND PAYMENT SHALL BE DUE.

Payment, as agreed to in the written agreement, is not contingent upon receipt of any building permit or any related approvals of work.

Engineering Express® (hereinafter referred to as “The Company” and/or ‘EX’ inclusive of all engineers and employees) will perform the services defined in this proposal (“The Agreement”) and shall invoice the contracted party (hereinafter referred to as “The Client”) in accordance with the compensation section of the Agreement. 

Any estimate of the cost to The Client as stated in the Agreement or any of the accompanying schedules shall not be considered as a fixed price, but only an estimate (unless otherwise specifically stated in the contract Agreement). 

By executing an agreement, The Client agrees to be invoiced for any additional services at this company’s standard rates (or as mutually agreed upon by both parties in writing), including but not limited to, re-reviews, re-inspections, re-tests, stand-by time, scope changes, services outside normal business hours or any services provided beyond the estimated project duration including Client requested revisions.

The Client will be invoiced immediately following a performed service (whether drafts or final work product is produced) or unless agreed otherwise in writing.

Payment is due upon completion, or if a credit application for The Client is on file and approved by The Company, within thirty (30) calendar days after the receipt of the invoice beginning on the date of correspondence.

We reserve the Right to charge interest on past due payments.

The client will be notified once interest charges commence, after being given an opportunity to pay in full per the terms of the contract.

Interest charges will start to accrue forty-five (45) calendar days from the invoice date.

Interest shall be equal to the lesser of one and one-half percent (1½%) per month, or the federal reserve’s bank’s benchmark interest rate for the period in question on past due accounts.

Any attorney’s fees, collection fees, or other costs incurred in collecting any delinquent amount shall be paid by The Client.

The Client agrees to pay The Company for its services in accordance with the written Agreement, regardless of whether or not he has been paid by his customer or the engineering work produces results to The Client’s satisfaction or expectations.

‘Deliverables’ shall be the term describing final work produced, which includes digitally signed plans, reports, calculations, sealed and unsealed photocopying. ‘Work Product’ shall be the term describing the source templates and files created and owned exclusively by Engineering Express that create the ‘Deliverables’.

Blueprinting, postage, and other reimbursable expenses are IN ADDITION TO the estimated project fee, billed at the rates in The Company’s fee schedule with the exception of deliverables included within the proposal.

Unless otherwise specified, ‘days to complete’ as specified in all proposals for work are defined in working business days exclusive of legal holidays.

To the extent these General Terms and Conditions are part of a proposal for services, the proposal shall be valid for ten (10) working days unless otherwise stated.

Once a proposal is accepted, these Project Terms and Conditions shall apply to all services performed thereafter and shall survive any termination of the Agreement or completion of services.

Execution of the proposal for work constitutes authorization to proceed with work.

GENERAL TERMS

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Initial coordination of the agreed project will begin upon receipt of this signed Agreement and any retainer amount noted herein.

The Company’s agreed services will begin upon our receipt of all necessary supporting documentation in a succinct format provided by The Client.

No time is allotted for FTP site research, download, or similar inquiry of full project plans unless specified herein; only the scope of work for which we are hired will be reviewed or additional fees will be incurred as per the agreement.  

The Company reserves the right to request additional compensation resulting from unforeseen project conditions and inaccurately supplied data that alter any engineering work we provide based on originally quoted work.

The Company will submit a change order and description of required project revisions to The Client for approval prior to commencing any work that exceeds the original contract amount.

Although The Company will make its best efforts to meet the estimated completion date for this project, the anticipated completion date is not guaranteed nor a material term of this contract and is provided as a guide only based upon work of similar nature.

The actual completion date may vary, possibly significantly from the estimated completion date, which may be affected by a number of variables.

The Company shall promptly inform The Client of any revisions to the estimated completion date based upon the progress of the work involved.

The time frame of approval by the Authority Having Jurisdiction receiving our plans can vary and is not included in the quote lead time or the responsibility of The Company in any way.

During the course of the project, any missing information that impedes the design process and cannot be expeditiously obtained from The Client will put a temporary hold on the project.

Once The Client provides this information, The Client will receive a notification if the additional data provides enough information to continue.

If not, The Client shall investigate further until the satisfaction of The Company.

If the data is sufficient, The Company will notify The Client and simultaneously place the project onto the current office work schedule and the estimated business days to complete shall reset from that day forward.

Once The Client takes possession of the work product, the receipt of these items shall constitute acceptance of our scope of work if not contested within five (5) work days including the date of delivery.

A DRAFT copy can be provided upon request, and is recommended, as all submittals are final upon delivery. Drafts are typically provided for client approval as part of our workflow with you.

Paramount is the importance of a safe, code-compliant design that may differ from the client’s wishes. It is understood that work is not contingent on the successful execution of a requested design which may differ from code, safety, legal, or moral requirements.

NO REVISIONS WILL BE MADE WITHOUT AN ADDITIONAL WRITTEN AGREEMENT WHICH MAY RESULT IN ADDITIONAL FEES.

WORK PRODUCT

All “Work Product” remains the exclusive property of The Company. For purposes of this Agreement, “Work Product” means The Company’s internal and proprietary materials used to create the deliverables provided to the Client, including but not limited to source files (e.g., AutoCAD files, Excel files), calculations, drafts, working papers, electronic files, and hardcopy materials. 

Limited hard copies or digitally signed files of deliverables will be provided to The Client upon request as is reasonable to obtain a permit unless otherwise agreed.

The Company’s work product/deliverables will be designed for the design building codes in effect per the start date or per the agreement

The Company reserves the right to require modifications to originally-sealed engineering approvals should new code requirements, industry interpretations, project information, or the standard of care change for the design in question arise. 

Any modifications required due to Code changes beyond agreed upon or as stated herein are not included in the proposed fee and shall be at an additional cost to The Client unless otherwise specified.

The Company shall not be held responsible for construction means, methods, techniques, sequences, procedures, or for the safety precautions and programs in connection with the project unless specifically retained to do so.

Client agrees that work product provided by The Company may be provided in a similar form to other clients of The Company, without notification, unless otherwise specified in writing under the agreed quotation for work. 

Additionally, The Company reserves the right to submit our work to other parties if deemed legally necessary by The Company. The Client will be notified in writing and have an opportunity to challenge the legal requirement if permissible to do so.

Although The Company will make its best efforts to meet the anticipated or proposed design of a project, preliminary results are not guaranteed for permitting nor a material term of this contract and are provided as a guide only based upon work of a similar nature.

The Company will make its best effort to inform The Client of any revisions to the design based on the progress of the work involved.

The actual final design may vary from the proposed design, which may be affected by a number of variables.

ADDITIONAL SERVICES

When approved, in writing, by Client, The Company shall provide services in addition to those included as part of the Basic Services hereunder (“Additional Services”).

When The Client has approved The Company’s performance of Additional Services, all terms of this Agreement about the Services shall apply to such Additional Services or deleted or modified Services, except as expressly provided otherwise by The Client in writing.

The Company shall promptly notify The Client in writing when The Company deems it necessary or appropriate to perform any Additional Services, and such Additional Services shall be provided by The Company only if such Additional Services and the cost thereof are authorized by The Client, in its sole and absolute discretion, before The Company commences such Additional Services.

WARRANTY OF WORK

Service performed by The Company under the Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the location where the services are to be performed. 

No other warranty, expressed or implied, is made, including without limitation, any warranty of fitness for a particular purpose. 

In no event will The Company be responsible for delays in the work which is beyond our reasonable control or caused by The Client or its agents, consultants, contractors, or subcontractors. 

If The Company’s performance of the Services is delayed, interrupted, or rendered non-productive due to the acts or omissions of The Client or The Client’s agents, consultants, contractors, or subcontractors, The Client shall be responsible for compensating The Company for all resulting stand-by time, remobilization, rescheduling, and other related costs. Prior to incurring such charges, The Company will provide written notice to The Client identifying the cause of the delay and the fees that will accrue if the condition is not corrected. The Client shall have a reasonable opportunity to remedy the delay before such charges are incurred. Such time and costs will be billed at The Company’s standard rates then in effect, unless stand-by or delay pricing is expressly identified as a separate item in this Agreement or otherwise agreed to in writing by both parties. The Client shall also reimburse The Company for any actual costs or expenses incurred as a result of such delays.

The Company shall not be responsible to The Client for the acts, errors, or omissions of consultants, contractors, or their employees or other persons performing portions or the entirety of the services that are brokered through the Company and clearly identified to the Client that the Company is serving as an agent to assist in such subcontracted work.

Examples include but are not limited to: Professional engineering services within states we are not licensed to do business in, but serve a master contract, or engineering services for projects the Company performs in one discipline and assists coordination of other disciplines under a master contract. 

The Client warrants and represents that the product, system, or design provided for engineering does not violate or otherwise infringe upon any patent, trademark, copyright, or ownership or control by another engineer, architect, designer, or entity, whether under federal or state statutory or common law principles.

Notwithstanding such, the parties acknowledge that the duties of The Company under this contract do not include The Client’s making, using, or selling of the product, design, or system pursuant to those interpretations under applicable patent, trademark, and copyright law.

The Company shall not be liable for any claims, damages, losses, or expenses arising from (i) The Client’s failure to follow or implement The Company’s recommendations, conclusions, or professional opinions, or (ii) any patent, copyright, trademark, or other intellectual property infringement resulting from materials, methods, products, or information provided, selected, or directed by The Client or others not under The Company’s control.

The Client shall be responsible for all legal and appellate fees incurred to defend The Company against items listed above.

CERTIFICATE OF MERIT

The Client shall make no claim for professional negligence, either directly or by way of a cross-complaint against any employee of The Company unless The Client has first provided this company with a signed and sealed, written certification executed by an independent consultant currently practicing in the same discipline as the work performed and licensed in the state which work was performed.

This certification shall: a) contain the name and license number of the certifier; b) specify the acts or omissions that the certifier contends are not in conformance with the standard of care for the engineer performing professional services under similar circumstances; and c) state in detail the basis for the certifier’s opinion that such acts or omissions do not conform to the standard of care.

This certificate shall be provided to this office not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding.

This Certificate of Merit clause will take precedence over any existing state law in force at the time of the claim or demand for arbitration, where and as applicable. 

Any failure by The Client to comply with the requirements of this Certificate of Merit provision shall constitute a material breach of this Agreement and shall entitle The Company to pursue all rights and remedies available at law or in equity, including recovery of damages and reasonable attorneys’ fees, where permitted.

LIMITATION OF LIABILITY

In recognition of the relative risks, rewards, and benefits of the work performed by The Company for The Client, the risks have been allocated such that the Company and the Client agree that, to the fullest extent permitted by law, that the Company’s total liability to The Client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of the Agreement from any cause or causes, shall not exceed the lesser of $10,000 or The Company’s fee for the project in question. 

Such causes include, but are not limited to The Company’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. 

Professional negligence is not included in this limitation.

The Client shall, to the fullest extent permitted by law, indemnify and hold harmless The Company, his or her officers, directors, employees, agents, and sub-consultants from and against all damage, liability and cost, including reasonable attorney’s fees, defense costs, and appellate fees, arising out of or in any way connected with the performance by any of the parties involved with the use of The Company’s engineering services and under the Agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct of The Company or its agents, contractors, consultants, or subcontractors that the Company may hire to perform services for the purposes of this Agreement. NEITHER THE COMPANY NOR THE CLIENT SHALL BE LIABLE TO EACH OTHER OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND RELATED TO OR ARISING UNDER THIS AGREEMENT.

Neither Party shall not be required to execute any document that would result in its certifying, guaranteeing, or warranting the existence of conditions whose existence the other Party cannot ascertain. 

In the event of a potential dispute, The Client agrees to produce a certificate of merit as described above demonstrating by certification from another engineer licensed and experienced in the type of work in question whether a case against The Company has legal merit and if there exists a reasonable probability that The Company has deviated from the applicable standard of care and caused harm to The Client.

If no certificate of merit is produced, The Company shall be granted a motion for summary judgment.

If The Company initiates legal proceedings in order to enforce the collection of any unpaid sums due under this contract or any other breach by The Client, the prevailing party shall be entitled to an award of its reasonable attorney fees and costs, which shall include all attorney fees and costs incurred pursuant to any appeal or bankruptcy proceeding. 

The venue and jurisdiction for any such legal action under this contract shall be exclusively Palm Beach County, Florida. 

This contract shall be interpreted under the laws of the State of Florida. 

THE PARTIES HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTES ARISING FROM THE AGREEMENT.

The Agreement expresses the complete and final understanding between the parties with respect to the subject matter hereof and is applicable, by reference, to all Agreements executed as of the date noted above until amended or superseded at a later date.

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of the Agreement will continue in full force and effect. 

Any notices pursuant to the Agreement shall be sent to the addresses as set forth at the beginning of the Agreement and shall be solely in writing, sent by certified mail, return receipt requested, and shall be effective whether such return receipt is accepted or rejected by the receiver.

Nothing contained in the Agreement shall create a contractual or legal relationship with, right in favor of, or a cause of action in favor of any third party against either Party. .

All services under the Agreement are being performed solely for The Client’s benefit, and no other party or entity shall have any rights or a claim against The Company because of the Agreement or the performance of nonperformance of services hereunder.

This provision may be waived only by express written consent of The Company.

It is understood and agreed that should engineering work be reviewed & certified by an affiliate engineer, The Company serves solely as a consultant to facilitate the engineering work performed by others on the services listed in this agreement. 

We do not represent that we are serving in any engineering capacity for work by engineers not employed by this firm or if our title block does not appear on the work product under this contract. 

Consequently, we shall be held harmless and not liable for any errors, omissions, or other liabilities associated with such work.

TERMINATION & SUSPENSION

Either party may terminate this Agreement or any individual project, evaluation, report, or other services being performed under this Agreement upon five (5) working days’ written notice in the event of a material breach by the other party.

Such termination shall not take effect if the breach is cured within the notice period.

The Company may also suspend or terminate services for excessive delay, lack of cooperation, failure to provide required information, non-payment, or other actions or inactions by The Client that materially impair The Company’s ability to perform.

Prior to termination for such reasons, The Company will provide written notice of its concerns and a reasonable opportunity to cure where practicable.

In the event of termination or suspension, The Company shall be entitled to payment for all services performed, evaluations conducted, work product prepared, and expenses incurred through the effective date of termination or suspension.

If services are terminated or suspended prior to completion, The Company may complete its internal analyses, documentation, and records, and may issue a report reflecting services performed to date.

The Client shall be responsible for all direct costs associated with such close-out activities.

The Client acknowledges that The Company undertakes services in reliance upon The Client’s full performance of its obligations, including timely provision of required data and payment of all amounts due under this Agreement.

FORCE MAJEURE

The Company shall not be liable for any delay, suspension, or failure to perform its Services to the extent caused by events or conditions beyond The Company’s reasonable control, including but not limited to acts of God; natural disasters; hurricanes; floods; fires; epidemics or pandemics; war; terrorism; civil unrest; labor disputes; governmental actions; changes in laws or regulations; supply chain disruptions; utility interruptions; failure of third-party services; or delays caused by authorities having jurisdiction.

In the event of a Force Majeure occurrence, The Company’s schedule and time for performance shall be equitably extended for the period of delay, and The Company shall be entitled to compensation for any additional costs reasonably incurred as a result of such event.

If a Force Majeure condition continues for a period that materially impairs performance, The Company may suspend or terminate the affected Services upon written notice, and shall be entitled to payment for Services performed and costs incurred through the effective date of suspension or termination.

CONTRACTUAL LIMITATION OF LIABILITY STATEMENT:

PER FLORIDA STATUTE 558.0035(1c) AN INDIVIDUAL EMPLOYEE OR AGENT OF THE COMPANY SHALL NOT BE HELD LIABLE FOR NEGLIGENCE IN CONNECTION WITH THE AGREEMENT

Updated 2/16/26