Terms & Conditions
Design Collaborative will provide electronic files for Contractor’s, Subcontractor’s or Vendor’s use in the preparation of record/shop drawings related to the project, subject to the following terms and conditions:
- Design Collaborative may provide drawings, specifications, models, and other documents in electronic format for use on the Project. The Owner and Contractor may distribute such electronic documents to their employees, consultants, subcontractors, suppliers, and others involved in the Project as reasonably necessary for performance of the Work. Any party receiving such electronic documents through the Owner or Contractor shall be subject to the same limitations, restrictions, disclaimers, and protections applicable to the Owner or Contractor under this Agreement, including without limitation those relating to ownership, use, reliance upon the documents, indemnification, and limitation of liability. The Owner and Contractor shall be responsible for ensuring compliance with these provisions by any party to whom they provide Design Collaborative’s electronic documents.
- Design Collaborative makes no representation as to the compatibility of these files with your hardware or your software beyond the specific release of the referenced specifications.
- Data contained in these electronic files is part of Design Collaborative’s instruments of service and shall not be used by you or anyone else receiving this data through or from you for any purpose other than as a convenience to begin the coordination process, and/or in the preparation of record/shop drawings for the referenced project. These documents shall remain confidential and any other use or reuse by you or by others will be at your sole risk and without liability or legal exposure to Design Collaborative. You agree to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against Design Collaborative, its officers, directors, employees, agents or sub-consultants which may arise out of or in connection with your use of the electronic files.
- All documents provided by Design Collaborative are prepared in order to convey design intent and are diagrammatic only. Electronic files, including Revit Models shall not be interpreted to be fully coordinated. The Contractors and/or Construction Managers are completely and solely responsible for coordination of work.
- Furthermore, you shall, to the fullest extent permitted by law, indemnify and hold harmless Design Collaborative from all claims, damages, losses and expenses, including attorney’s fees arising out of or resulting from your use of these electronic files.
- Electronic files furnished by Design Collaborative are provided solely as a convenience to the recipient. Such files are not intended to replace the contract documents and may not reflect addenda, PRs, ASIs, change orders, field modifications, or other revisions made after the files were created. Design Collaborative makes no representation regarding the accuracy, completeness, or current status of any electronic file furnished for convenience. Documents bearing the Architect’s or Engineer’s professional seal and signature, whether issued in hard-copy form or electronically signed and sealed PDF format, shall constitute the official contract documents. In the event of any conflict between an electronic file furnished for convenience and the official contract documents, the official contract documents shall govern. The recipient is solely responsible for determining whether any conflicts exist and is not relieved of any obligation to comply with the contract documents, including without limitation the duty to check, confirm, and coordinate dimensions and details, take field measurements, verify existing conditions, and coordinate its work with that of other contractors and project participants. Any modification, extraction, reuse, incorporation, or other alteration of electronically signed and sealed documents by others shall be at their sole risk and shall void Design Collaborative’s certification, seal, and professional responsibility with respect to the altered document.
- If updates to electronic files, beyond what Design Collaborative has been contracted for, are required, please indicate that in your drawing request so that we can contact you with a proposal to provide the requested services.
- In order to streamline this process Design Collaborative requests that files be requested a minimum of two days prior to their required return date. In instances where an expedited turn-around is necessary, a $250 fee per request must be paid to Design Collaborative.
- Because of the potential that the information presented on the electronic files can be modified, unintentionally or otherwise, Design Collaborative reserves the right to remove all indication of its ownership and/or involvement from each electronic display.
- Design Collaborative will furnish electronic files of the requested drawing sheets or Revit Model upon acceptance of the terms and conditions.
- Under no circumstances shall delivery of the electronic files for use by you be deemed a sale by Design Collaborative and Design Collaborative makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall Design Collaborative be liable for any loss or profit of any consequential damages.
- These Terms and Conditions shall apply to all electronic files furnished by Design Collaborative for the above-referenced Project, whether provided with the current request or furnished at any later date. The requesting party’s request for, receipt of, or use of any electronic file relating to the Project shall constitute acceptance of and agreement to these Terms and Conditions. These Terms and Conditions shall govern all future electronic file transfers for the Project unless expressly modified in a written agreement signed by Design Collaborative.
If you have any questions or require additional information please do not hesitate to contact our office. We appreciate this opportunity to assist you and we look forward to a very successful project.