TERMS AND CONDITIONS
Terms & Conditions Agreement
The Client hereby engages QC Consulting, LLC (“Consultant”) to provide Owner’s Representative services under the following Terms and Conditions:
(1.) DEFINITIONS: “Consultant” refers to the Construction Consultant / Owner’s Representative providing services under this agreement. “Client” refers to the property owner or authorized representative engaging the Consultant. “Project” refers to the construction, remodel or improvement work performed by a separate contractor or trade professional. “Contractor” refers to any general contractor, subcontractor or trade professional hired directly by the Client.
(2.) CONSULTANT’S ROLE AND LIMITATIONS: (2.1) Advisory Capacity Only Consultant is retained solely to provide advisory representation and oversight capacity services related to construction or renovation projects; (2.2) Consultant’s services are limited to those expressly identified in writing and exclude architectural, engineering, legal, or construction work. The Consultant does not manage labor, supervise jobsite personnel or operate as a general contractor; (2.3) No Control Over Jobsite The Consultant does not direct or control the contractor’s means, methods, techniques, sequences or safety operations. The Contractor remains solely responsible for: performance of work, compliance with building codes, construction quality and jobsite safety. Consultant is not responsible for the acts, omissions, or performance of contractors, subcontractors, suppliers, or vendors, and Client retains sole authority over their selection and direction; (2.4) No Code Inspections the Consultant’s observations are not code inspections. The Consultant does not replace city, county or state inspectors; (2.5) No Guarantee of Contractor Performance The Consultant shall perform services with reasonable skill, care, and diligence consistent with industry standards but makes no warranties regarding project outcomes, contractor performance, quality of workmanship, adherence to schedule or budget or regulatory compliance.
(3.) SCOPE OF SERVICES: (3.1) Consultant will perform the services listed in the attached Scope of Actions & Services document; (3.2) Any additional services outside the agreed scope must be authorized through a written addendum and may incur additional fees.
(4.) CLIENT RESPONSIBILITIES: (4.1) The Client shall hire and contract directly with any Contractor(s); (4.2) Consultant’s reports, observations, and recommendations are advisory only, and Client is responsible for reviewing and acting upon such information; (4.3) Client shall provide timely access to project sites, documents, construction schedule updates, personnel, and decision‑makers and shall supply accurate information and timely decisions; (4.4) The Client is responsible for all decisions regarding the Project, including material selections, approvals and financial commitments; (4.5) The Client must disclose any material changes to project plans, budgets or contractor relationships; (4.6) Client is responsible for maintaining a safe project site, and Consultant assumes no responsibility for site safety, hazard mitigation, or OSHA compliance; (4.7) The Consultant reserves the right to refuse site entry if unsafe conditions exist.
(5.) FEES, BILLING & PAYMENT TERMS: (5.1) Fee Structure Consultant fees may include hourly billing, flat-fee packages, retainer fees, inspection fees, or percentage-based fees as detailed in the proposal; (5.2) Payment Terms Fifty percent (50%) of contract total due at contract signing. Balance of contract due when services are completed unless otherwise specified in writing; (5.3) Late Payments Late payments may incur a 1.5% monthly finance charge; (5.4) Non-Payment Consultant may suspend services for non‑payment until payment is received; (5.5) Reimbursable Expenses Client shall reimburse Consultant for approved expenses including travel, printing, testing, and third‑party services.
(6.) PROJECT CHANGES: (6.1) Scope Changes with Consultant Any change in scope must be approved in writing and may result in additional fees charged at $75.00 per hour; (6.2) Change Order by Contractor The Consultant will review change orders; however, the Client retains sole authority to approve or reject them.
(7.) CONFIDENTIALITY: (7.1) Both parties shall maintain the confidentiality of non‑public information shared during the engagement except as required by law; (7.2) All documents, templates, checklists, and deliverables created by Consultant remain Consultant’s intellectual property, and Client receives a non‑exclusive license to use them solely for the identified project.
(8.) INSURANCE AND LIABILITY: (8.1) Consultant Insurance Consultant shall maintain Errors and Omissions insurance and any other coverage deemed appropriate, while Client is responsible for ensuring contractors maintain required insurance; (8.2) Limitation of Liability Consultant’s total liability for any claim arising from the engagement is limited to the total fees paid by Client; (8.3) Consequential Damages Waiver Consultant shall not be liable for indirect, special, consequential, incidental, or punitive damages including but not limited to: lost profits, delays, contractor failures, material defects, cost overruns; (8.4) Contractor Failures Consultant is not responsible for the Contractor’s: defective work, negligence, delays, cost increases or failure to meet code or quality standards; (8.5) Client shall indemnify and hold Consultant harmless from claims, damages, or losses arising from contractor actions, site conditions, Client decisions, or misuse of Consultant’s recommendations.
(9.) TERMINATION: (9.1) Either party may terminate the Agreement with fourteen days written notice; (9.2) Consultant may terminate immediately for non‑payment, unsafe conditions, or conduct preventing performance, with Client responsible for all fees and expenses incurred through termination.
(10.) DISPUTE RESOLUTION: (10.1) Both parties agree to attempt informal resolution through good-faith negotiation; (10.2) If unresolved, disputes shall be resolved through mediation before litigation; (10.3) Each party bears its own legal fees unless otherwise ordered by law.
(11.) OWNERSHIP OF WORK PRODUCT: Reports, photos, notes and deliverables remain the property of the Consultant until payment is made in full. After full payment, the Client receives a non-exclusive license for personal use.
(12.) INDEPENDENT CONTRACTOR STATUS: The Consultant is an independent contractor. Nothing in this agreement creates: an employer-employee relationship, a joint venture, a partnership, or authority of the Consultant to legally bind the Client.
(13.) ENTIRE AGREEMENT: This agreement, including attached scopes, exhibits and addendums, constitutes the entire understanding between the parties and supersedes any prior discussions or agreements.
(14.) AMENDMENTS: Any amendment to this agreement must be in writing and signed by both parties.
(15.) GOVERNING LAW: This Agreement shall be governed by the laws of the State of Kansas, and any dispute shall be resolved in a Kansas court of competent jurisdiction after the parties attempt informal resolution.