TERMS & CONDITIONS

CIVIL ESTIMATING PARTNERS LLC
TERMS & CONDITIONS
Effective October 5, 2026
These Terms & Conditions apply to civil quantity takeoff services provided by Civil Estimating Partners LLC ("CEP") to contractors and other commercial construction clients ("Client").
By accepting these Terms & Conditions and submitting a Request a Takeoff, Client agrees to the following.
SERVICES
CEP provides civil quantity takeoff services based on plans, specifications, addenda, and other project information provided by Client.
Services may include quantities for earthwork, grading, underground utilities, drainage, demolition, paving, site concrete, site improvements, and other agreed civil scopes.
Unless otherwise agreed in writing, CEP provides quantity takeoffs only.
CEP does not provide engineering, surveying, design, complete construction estimates, bid pricing, complete bid preparation, permitting, field verification, or construction management.
CLIENT PROVIDED INFORMATION
Client is responsible for providing complete and current plans, specifications, addenda, revisions, and other project information required to perform the requested takeoff.
CEP may reasonably rely on the information provided by Client.
CEP is not responsible for errors or discrepancies caused by missing, incomplete, conflicting, inaccurate, illegible, or outdated project information.
TAKEOFFS AND CLIENT REVIEW
CEP will perform its services using reasonable care consistent with customary civil quantity takeoff practices.
Construction documents may contain missing information, conflicts, unclear dimensions, inconsistent scales, or design changes. CEP may make reasonable assumptions, request clarification, or exclude quantities that cannot reasonably be determined.
CEP does not guarantee that any takeoff will be completely free from discrepancies.
Client is responsible for reviewing CEP's deliverables before using the quantities in a bid, estimate, proposal, contract, purchase, or other financial commitment.
Client remains responsible for its final quantities, pricing, bid, construction methods, and contractual obligations.
AUTHORIZATION TO PROCEED
Submitting a takeoff request or emailing project documents requests an estimate and does not authorize billable work or charges. CEP will review the documents and email the proposed scope, estimated cost, and proposed completion date. CEP must receive the Client’s reply by email expressly approving the estimated cost before beginning work. The person approving represents that they have authority to act for Client. CEP may decline a project before beginning billable work.
PRICING
CEP's standard billing rate is:
$90.00 per hour
Billing is based on the time reasonably required to perform authorized work unless CEP agrees to a different fee arrangement in writing.
Any estimate of hours or fees is provided for planning purposes only and is not a fixed price, guaranteed total, maximum price, or not to exceed amount unless expressly agreed in writing.
REVISIONS AND ADDITIONAL WORK
Revised drawings, addenda, scope changes, additional quantities, remeasurement, additional reporting, and other requested changes may require additional billable time.
Unless otherwise agreed in writing, additional work will be billed at CEP's then current hourly rate.
CEP will obtain Client’s written approval of any revised estimated cost before performing additional work or work beyond the approved estimate.
INVOICING AND PAYMENT
Invoices are due within fifteen (15) days unless otherwise agreed in writing.
Client must promptly notify CEP of any good faith invoice dispute and identify the disputed amount and reason.
Undisputed past due amounts may accrue interest at 1% per month or the maximum lawful rate, whichever is lower.
CEP may suspend additional work for materially past due invoices to the extent permitted by law.
DELIVERY AND SCHEDULE
CEP will use reasonable efforts to meet Client's requested completion date.
Bid dates, due dates, and requested completion dates are not guaranteed unless CEP expressly agrees otherwise in writing.
CEP is not responsible for delays caused by missing or revised documents, addenda, scope changes, delayed Client responses, document deficiencies, or circumstances outside CEP's reasonable control.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, CEP will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost opportunities, lost contracts, or similar economic losses.
To the fullest extent permitted by law, CEP's total liability arising from a specific project will not exceed the total fees paid or payable to CEP for that project.
These limitations do not apply to gross negligence, willful misconduct, intentional wrongdoing, or liability that cannot legally be limited.
USE OF DELIVERABLES
CEP's deliverables may be used by Client for estimating, bidding, procurement, and project planning purposes.
CEP's deliverables are not engineering documents, survey documents, certified quantities, construction documents, or guarantees of final installed quantities or actual field conditions.
CONFIDENTIALITY
CEP will use reasonable care to protect nonpublic project information provided by Client.
CEP may share project information with employees, contractors, software providers, accountants, attorneys, insurers, or other service providers when reasonably necessary to perform the work or operate the business.
CANCELLATION
Client may cancel a project at any time.
If billable work has already begun, Client remains responsible for payment for services performed through the time of cancellation.
CEP may discontinue work if Client directs CEP to stop, fails to provide required information, materially breaches these Terms & Conditions, or has materially past due payment obligations.
GOVERNING LAW
These Terms & Conditions are governed by the laws of the State of New York.
To the extent permitted by law, disputes arising from these Terms & Conditions or CEP's services will be handled in a court of competent jurisdiction in Monroe County, New York, or an applicable federal court serving Monroe County.
ELECTRONIC ACCEPTANCE
Client agrees that these Terms & Conditions may be accepted electronically.
Checking the required acceptance box and submitting a Request a Takeoff constitutes acceptance of these Terms & Conditions only. Work begins only after CEP receives Client’s separate email approval of the estimated cost.
CEP may retain electronic records of the submission, acceptance, project information, uploaded documents, and related communications.
ENTIRE AGREEMENT
These Terms & Conditions, together with Client's individual project requests and any written amendments accepted by CEP, constitute the agreement between CEP and Client regarding CEP's services.
Any change to these Terms & Conditions must be agreed to in writing.
If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect.