Terms of Service

1. Nature of Preconstruction Services

InSite Estimating provides independent preconstruction cost consulting, material quantity takeoffs, and bill of quantities (BOQ) preparation. All deliverables—including line-item spreadsheets, cost models, and vector drawing markups—are provided as professional decision-support tools to assist contractors, builders, developers, and architects in evaluating construction documents.

2. Contractor Responsibility for Final Bids

The client (general contractor, trade subcontractor, builder, or owner) acknowledges and agrees that:

• The contractor remains solely and exclusively responsible for the final review, verification, pricing, markup, and submission of any formal bid tender, lump-sum proposal, or guaranteed maximum price (GMP) contract.
• InSite Estimating does not guarantee that client bids prepared using our takeoffs or estimates will be awarded or win competitive tenders.
• Final construction costs on any project are subject to dynamic jobsite realities beyond our control, including site subgrade surprises, weather delays, union labor availability, supplier price spikes, and subcontractor default.
• The client must perform final due diligence, verifying local supplier prices, equipment availability, and site logistical conditions prior to executing binding construction agreements.

3. Reliance on Client Documentation

Our estimates and quantity takeoffs are strictly derived from the drawings, specifications, addenda, and scope notes provided by the client at the time of engagement. InSite Estimating is not responsible for errors, omissions, or variances resulting from:

• Incomplete, superseded, uncoordinated, or preliminary design drawings.
• Unreleased or uncommunicated addenda, bulletins, or design changes.
• Undisclosed site conditions or subsurface geotechnical anomalies not documented in provided boring logs.

4. Quotations, Invoicing & Payment

All estimating engagements are governed by written scope and fee proposals. Proposals are valid for 30 calendar days from issuance. Payment terms are specified in the individual project proposal. InSite Estimating reserves the right to withhold final deliverable files (unlocked Excel sheets or full-size PDF markups) until agreed payments or retainers are settled.

5. Intellectual Property & Deliverable Rights

Upon receipt of full payment, InSite Estimating grants the client a non-exclusive, perpetual license to use, modify, print, and distribute the prepared spreadsheets and drawing markups solely for the bidding, budgeting, and construction management of the designated project. InSite Estimating retains all rights to proprietary calculating templates, database formulas, and estimating methodology structures.

6. Limitation of Liability

To the maximum extent permitted by applicable United States and state law, InSite Estimating shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including lost profits, lost business opportunities, liquidated damages assessed under prime contracts, or construction delay claims—arising out of or relating to our deliverables. In no event shall our total aggregate liability exceed the total professional fee actually paid by the client for the specific estimating deliverable at issue.

7. Governing Law

These Terms of Service and any dispute arising out of preconstruction consulting engagements with InSite Estimating shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.