ALL HOME METERS, LLC.
State of Florida - Board of Professional Engineers - Certificate of Authorization CA #28738.
Please read carefully the General Design Agreement, and if you understood and agreed, please hit the “Submit” button at the end of this page.
GENERAL DESIGN AGREEMENT (Contract).
THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS AN ARBITRATION CLAUSE.
THIS CONTRACT LIMITS OUR LIABILITY; PLEASE READ CAREFULLY.
This Design Agreement contains the terms and conditions of the Client contract with All Home Meters, LLC (the Company).
This Design Agreement contains limitations on the scope of the design, remedies and liability. Please read it carefully. By signing this agreement, Client represents and warrants that Client has secured all approvals necessary for the Company to conduct the Design in the Property. Client also warrants they will read the entire Design Plan, when received, and shall promptly call with any questions or concerns Client may have regarding the Design or Plan. This Design is being performed for the exclusive use and benefit of the Client, and the Design, including the written Plan, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company.
If this or these Designs are performed, the Parties Understood and Agreed as follows:
If Client, at the end, orders the Design, that means that you orally agreed with the agreement, EVEN if Client FAILED to produce signature.
Client cannot assign this agreement but All Home Meters, LLC.
Use of the Design Plan by any unauthorized persons is prohibited.
Client agrees not to disclose any part of the Plan to any other person unless required as part of the actual purpose of the design.
The Agreement is enforced for all requests for Plans performed at the same time, all requests for Plans that were quoted under the same proposal and also apply to subsequent requests for Plans or changes in Designs.
Based on the conversation between Client and our Company, (“Client” and “Company” are collectively referred to as “the parties”), and other information to be provided by Client, Company agrees to the scope of work in the proposal which the following limitations:
Initial payment for Designs and/or Plans is to be made in advance. Up front retainer to begin designing is a minimum of 75% of the charge stated in the proposal.
Extra Charges:
Site visits and/or in-person meetings with Client and/or other third parties after the first two meetings/visits. Additional meetings will be charged (under the discretion of the Professional of records) at a maximum of $500 per meeting.
Once the original scope is given to the Company, any changes to the existing scope will be charged (under the discretion of the Professional of records) at a maximum of $350 per hour, including or not CAD drafter. These fees are per every change in scope or quoted separately in a new proposal if change in design affects the scope of work.
Engineer’s duties and obligations under this Agreement shall be deemed discharged upon Engineer’s delivery of signed drawings to Client and drawings have been approved by the Authority Having Jurisdiction (AHJ). Any changes in drawings thereafter will be charged (under the discretion of the Professional of records) at a maximum of $350 per hour, including or not CAD drafter.
Any modification to design not generated by agencies having jurisdiction will be charged (under the discretion of the Professional of records) at a maximum of $350 per hour, including or not CAD drafter.
Design Profesional is no responsible for any addition, alteration and/or modification built without permits that was not included in the proposal of the project.
Services not included:
It shall be Client’s responsibility to make arrangements for pick up or delivery of drawings. Cost of delivery of drawings (i.e., shipping costs, courier services, etc.) is not included, unless stated in the proposal.
Running of permit documents through Building & Zoning Department, etc.
Costs of laboratory services for any machine testing, etc.
Plan processing fee to obtain a building permit and permit fees.
Site inspections unless included in the Scope of Work and proposal.
As-Built Certificate Letters or Inspection Letters.
Any Certification or calculation as requirements for permits at the time of construction and no specified in the proposal.
Architectural changes during the design process or after the design work has been started.
Field supervision.
Construction administration.
Local Government fees for permits, inspections, microfilm researches, etc., Property Boundary Survey, Flood Elevation Certificate, Forensic Investigation, Destructive Tests, Certificates, Running Services, or other fees, costs, etc., not stated in the initial proposal are NOT included and are out of the scope.
Any other work, design, plan, certification, requirement, etc., not specified in the Scope of Work of the proposal.
Our fee for professional services is stated in the proposal. This fee includes all the items listed in the Proposal. Please note that the quoted fee is based on our review of the initial information provided by Client and is subject to change based on our site visit of the Project. If the fee should change, a new proposal shall be submitted to Client for review and approval prior to commencement of any work under this Agreement.
Notice to proceed is the request from the Client to Engineer to commence work on this project. This request shall be accepted once the following conditions have been met:
Proposal is accepted
Agreement is accepted and signed by Client.
Initial payment upon approval of Agreement is received.
The Design will be performed following minimum construction guidelines, laws, rules, standards of practice, policies, regulations, codes of the Municipality, County, State of Florida, when applicable for the Specialty; items NOT directly specified in this Plan were not designed and are out of the scope.
Photos are not part of the Plan, unless constituting a requirement for evaluation.
Plan will be provided within 30 business days from the time of the acceptance, unless some research, extra visit or documentation is needed or requested.
The Client agreed to hold the engineers, architects, contractors, inspectors, agents and employees, harmless for any and all action/claims arisen due to an improper disclosure of this plan to third parties.
The Plan/Design depicted here is NOT covered by professional liability insurance. Also, claims do not apply for negligent referral and/or vicarious liability.
It is expressly understood and agreed to that liability for damages resulting directly from any errors and omissions in the services provided in connection with this plan shall be limited ONLY to the fees paid for the design and preparation of plan: Any other charge to cover third party fees cannot be recovered.
This liability limitation is binding on client and client's spouses, heirs, executors, administrators, principals, successors, assigns, representatives of any kind whatsoever, and anyone else who may otherwise claim through client.
This limitation of liability applies to anyone who is damaged or has to pay expenses of any kind because of mistakes or omissions in this design and plan.
The liability of the engineers, architects, surveyors, inspectors, agents and employees from and against any and all claims, losses, expenses, liabilities, suits, damages and injury arising out of or relating to the performance of services is also limited to the fees paid.
Client acknowledges and agrees that in connection with this design, Company might retain the services of subcontractors or independent contractors unrelated to the Company and the same limitations of liability apply.
Our Company only retains Subcontractors or Independent Contractors licensed in the State of Florida and covered under their own insurance policies for Professional Liability (E&O) and General Liability (GL) with All Home Meters, LLC as an additional insured, but the limitation of liability stated here also applies to them.
This Contract will be governed by the laws of the State of Florida.
The Client agreed to hold the Engineers, Architects, Surveyors, Inspectors, any Professional, etc., harmless for any and all claims related to conditions that are altered or repaired without said notice, inspection or informed after the reasonable time for prompt notification.
Client assumes the risk of all losses greater than the fee paid for the design.
Any recovery contemplated under the agreement shall be subject to prompt notification of any defect in the performance of any of the professional’s duties.
The Client shall provide reasonable notice, notify in writing and permit an inspection of the conditions which gave rise to the complaint or any claim for negligence, breach of contract or otherwise.
Reasonable time to provide a notice is limited to seven (7) days from the date of the completion of the Design Plan; failure to notify the Professional in the specified time shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
Client agrees to immediately accept a refund of the fee as full settlement of any and all claims which may ever arise from this design.
All suits or actions arising out of this Contract/Agreement shall be brought in Miami-Dade County, Florida.
Client has agreed that if a court of competent jurisdiction determines and declares that any portion of this Contract is void, voidable, or unenforceable, the remaining provisions and portions shall remain in full force and effect.
LIQUIDATED DAMAGES – Limitation of Liability Clause:
Please read carefully
Due to the nature of the services we are providing, it is difficult to foresee or determine (at the time this Agreement is formed) potential damages in the event of negligence or breach of this Agreement by us. Thus, if we fail to perform the Services as provided herein or are careless or negligent in the performance of the Services and/or preparing the Plan, our liability for any and all claims related thereto is limited to the fee paid for the Services (unless contrary to state law), and you release us from any and all additional liability, whether based on contract, tort, or any other legal theory. There will be no recovery for consequential damages. You understand that the performance of the Services without this limitation of liability would be more technically exhaustive, likely require forensic specialties, and would cost substantially more than the fee paid for this design. You understand that you are free to consult with another professional if you do not agree to this provision. By signing this agreement, the client agrees to be bound by the provisions of this limitation of liability provision.
Arbitration Clause:
Please read carefully
Any dispute, controversy, interpretation, or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this contract or arising out of, from or related to the Design or Plan shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by a dispute resolution provider, utilizing its respective Rules and Procedures. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof.
Notice: You and We would have a right or opportunity to litigate disputes through a Court and have a Judge or Jury decide the disputes but have agreed instead to resolve disputes through mediation and binding arbitation. By signing this agreement, the client agrees to the Arbitration Clause.
To the best of our knowledge, ability, belief and professional judgment, our Design/Plan represent an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extend reasonably possible.
This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.
The Company’s agreement to perform the Design is contingent on Client’s agreement to the provisions, terms, conditions and limitations of this Agreement.
If this Design is performed, even if this Design Agreement was not signed by the Client prior to or at the time of the commencement of Plan, is because the Client orally agreed with the terms and conditions but Client only failed to produce signature.
Party ordering the Design (Clients, Buyers, Sellers, Persons, Institutions, Property Owners, Real Estate Agents, Insurance Agents, Agents in general, etc.) has received a “VERIFICATION CODE” in order to authenticate the signature of the Agreement.
If there are more than one Client, the signatory has been authorized to sign the Agreement on behalf of all Clients.
Thanks.
All Home Meters, LLC. (C.A # 28738)
786 318 7203 (Armando Longueira, P.E. #67462).
info@allhomemeters.com
Clients, Buyers, Sellers, Persons, Institutions, Architectural and/or Engineering Companies, Construction Contracting Companies, Management Companies, Property Owners, Real Estate Agents, Insurance Agents, Agents in general, or any other party ordering the design has read, understood and agreed with this general design agreement.
YOUR SIGNATURE ONLINE WILL CARRY THE SAME LEGAL WEIGHT AS A TRADITIONAL PAPER-BASED SIGNATURE.
Please open the Form below (black rectangle) to sign the General Design Agreement.
The Form contains the same text you have read above.
Please, after reading, understanding and agreeing, mark the check button as a proof that “YOU AGREE” with the General Design Agreement.
Please fill in the blanks with the required information (property address, name, email, phone).
Please Date your acceptance.
Please enter the “VERIFICATION CODE” we previously sent to the person that claimed responsibility for the design (Clients, Buyers, Sellers, Persons, Institutions, Property Owners, Real Estate Agents, Insurance Agents, Agents in general, or any other party ordering the design).
Please hit the “SUBMIT” button ONLY IF YOU CAREFULLY READ, UNDERSTOOD AND AGREED WITH THIS GENERAL DESIGN AGREEMENT.