Welcome to the DCMI Mid-Atlantic Inc. ("Consultant") website owned and operated by Consultant. This agreement contains the terms, covenants, conditions and provisions ("Terms and Conditions") upon which you (the "Client") may access.
By using this site and agreeing hereto Client agrees to the Terms and Conditions as described as follows:
TERMS OF ACCEPTANCE
This Authorization to Proceed becomes a contract when it either is (1) accepted by Client, or (2) a signed acknowledgement is received by DCMI, or (3) Work commences, as provided in the Scope of Work. DCMI thereby agrees to provide services as described in the Scope of Work on the front of or attached to this Authorization to Proceed. Client shall grant or cause to be made available to DCMI, reasonable and necessary nonexclusive access to the site(s) as necessary to allow DCMI to perform the services under the Authorization to Proceed. DCMI shall not be liable for: (i) concealed conditions encountered in the performance of the services; (ii) concealed or unknown conditions in an existing structure at variance with the conditions indicated by the Scope of Work; or (iii) unknown physical conditions below the surface of the ground that differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided under this Authorization to Proceed.
DCMI represents that it is knowledgeable and experienced in providing technical and consulting services comparable to the services provided by firms in good standing under similar circumstances. DCMI represents to Client that the services shall be performed in a manner consistent with the standard of care and skill ordinarily exercised by construction consultants in the assemblage of data and information and in the preparation of reports. No other guarantee or warranty, express or implied, is intended by this Authorization to Proceed.
SCOPE OF SERVICES
Upon acceptance to the terms, conditions and certifications contained in this Agreement, you hereby authorize DCMI to perform Construction Monitoring Inspections at the Project, as defined herein, to include the following scope and summarized in a detailed report.
1. Verification of the work in place as it relates to the requisition for payment.
2. Recommendation of disbursement based on verification of work in place including reductions for work that is incomplete or insufficient to complete.
3. Comment on the construction schedule if schedule has been provided.
4. Review and recommend action on change orders, change of scope proposals and any other change to the project and documents.
5. Discussion of stored materials if materials are stored on-site or off-site.
6. Itemization of building permit[s] issued by regulatory agency. This itemization should not be construed as a verification of permit status or regulatory inspections unless otherwise agreed; verification of issued permits as they pertain to the improvements is the responsibility of the Client.
7. Forecast overruns in the budget or schedule of values based upon available information. Address the adequacy of the remaining hard cost budget.
8. Photographic log of current construction progress as it relates to the request for payment.
COMPENSATION, COMPLETION AND LIMITATION OF LIABILITY
Consultant’s fee for service performance related to the subject project is listed in Section 2 and will be invoiced and due upon remittance of the written report.
Consultant will provide a digital copy of the final inspection report to Client within four (4) business days of receipt of all required documentation unless otherwise requested by Client. Consultant’s final inspection report turnaround time is subject to submittal of all required documentation. Client is responsible for providing accurate contact information for Property Owner and aiding Consultant in property inspection coordination.
If Consultant cannot gain access to the property or the contact does not show up to provide access after Consultant has arranged for access, then the inspection may be subject to an additional fee for no-access; not to exceed $50.00.
For rush requests, there is a $25.00 fee to expedite.
Revisions submitted after the initial inspection request may result in additional fees. Revisions include but are not limited to - revised draw request or change order submittal that were not verified in the field during the site visit based on initial site visit. Revisions to the inspection request submitted after the site visit that were not verified during the initial site visit will be billed at a rate of $100.00.
If client requests a modification to the inspection report based on the provision of additional information submitted after the report has been prepared and remitted to the client will result in a Report Modification Fee - up to $150.00. Additional information – includes but is not limited to, change order submittal, additional scope added to the report, change in draw schedule, change in loan information, reconciliation of loan to construction.
Payment is DUE UPON RECEIPT and is not subject to any financial transactions related to the project. Invoices more than 30 days past due will begin accruing a late fee of 1.5% per month (18% per annum). Client is responsible for payment as this agreement is with the Client. In the event payment is delayed for more than 30 days from date of invoice, we will preserve all rights available to ensure payment is received in a timely manner to include notifying the title company of our work on the project which will initiate the requirement of lien waiver submittal with each title endorsement. In the event payment is delayed for more than 45 days from date of invoice we will file a Mechanic’s Lien or Warrant in Debt as applicable for the state in which we are performing the inspection.
In recognition of the relative risks, rewards, benefits of the project to both the Client and Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, the Consultant’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the Consultant’s fee. Such causes include, but are not limited to the Consultant’s negligence, errors, omissions, strict liability or breach of contract. By way of example and not limitation, Client agrees to hold harmless and indemnify Consultant from, and against, all claims, damages, liabilities, and expenses relating to failure or inadequate performance.
It is agreed and understood that Valerie Riccardi and employees o DCMI Mid-Atlantic Inc. will conduct the site inspection, analysis and preparation of reports with respect to this project.
USE OF DOCUMENTS
This report is for the use and benefit of, and may be relied upon by the Client, its affiliates, counsel and consultants. Additional third-party reliance on this report is not authorized without the expressed written consent of Consultant and Client. Any third party agrees by accepting this report that any use or reliance on this report shall be limited by the exceptions and limitations in this report, and with the acknowledgement that actual site conditions may change with time and that hidden conditions may exist at the project site that were not discovered within the authorized scope of the assessment.
Client is not authorized to share our reports with any party without the expressed written consent of Consultant. This especially applies to our competitors.
DCMI makes no other representation to any third party except that it has used the degree of care and skill ordinarily exercised by construction consultants in the preparation of the report and in the assembling of data and information related thereto. Our professional services have been performed, our findings obtained, and our summation prepared in accordance with customary principles and practices. This warranty is in lieu of all other warranties either expressed or implied.
Prior to visiting the subject property or site for a Construction Monitoring Inspection, the Client will provide a complete and comprehensive request for our use and reliance when performing the site visit and preparing the inspection report. Client understands that failure to provide adequate and accurate information will delay the progression of the site visit and report submittal. The following information will be provided with the Construction Monitoring Inspection request. Additional non-specified documentation may be requested.
Please note we are unable to initiate the site inspection until we are in receipt of all required documentation.