I. Payment

Payment terms will be included with each quote. Terms are available to credit-approved clients. Advantage Drafting’s receipt of payment from Client is not contingent upon Client’s receipt of payment from their client. Invoices 60 days overdue will incur late fees of 1.5% and an additional 1.5% per 30 days thereafter.

If your account becomes overdue by 30+ days, we will send you a notification email that includes a list of projects and their corresponding invoice numbers for your reference. At this stage, we will still proceed with kicking off any new projects you have awarded to us and working on any revision/update requests, but please note that the delivery of these projects, and the delivery of revisions or additions related to overdue projects, will be put on hold until your account is fully cleared. Should your account become overdue by 90+ days, you will receive another notification email stating that we will not proceed to kickoff any new projects until your account is fully cleared. This measure is implemented to ensure fair allocation of resources and maintain consistent service quality for all clients.

If any portion of an invoice is not approved, Advantage Drafting shall provide an explanation of the portion of the invoice not approved for payment. The Parties will endeavor to promptly resolve any disputes regarding invoices. Upon resolution of a disputed invoice requiring Advantage Drafting to pay Client any amount, such amount shall be paid within thirty (30) days of Advantage Drafting’s receipt of Client’s resubmitted invoice. Acknowledgement of acceptance of this agreement, actions performed in accordance with this agreement, signing of our project proposal document, payment for service agreed to per this agreement or any other acknowledgement shall constitute a binding, enforceable agreement between the Parties.

II. Client Responsibilities

Clients must thoroughly review all drawings in order to ensure accuracy of all aspects of the work, including scope, system types, detail accuracy, quantities, dimensions, etc. Clients are ultimately responsible for all contents of the shop drawings provided by Advantage Drafting. Clients are expected to provide all necessary information in a timely manner to complete the work. This is critical to maintain lead times quoted. If delayed information is received, an increase in lead time may result.

We will design per the documents provided and are not responsible for ensuring that we have been provided the latest information. Please ensure we are provided with latest architectural drawings, structural drawings, and project specifications, prior to initiating our scope of work, to avoid any additional charges.

III. Revisions

The number of Included (Non-Billable) Revisions in your shop drawing package depends on the bundle selected during the quoting process. These revisions are valid for a limited time and come with a clearly defined expiration date, which will be communicated at project kickoff. To ensure timely processing, please submit all revision requests before the expiration date.

Revision Package Tiers

• Foundation Package – 1 Included Revision within 45 days
• Builder Package – 2 Included Revisions within 60 days
• Complete Package – 3 Included Revisions within 90 days
• Ultimate Package – Unlimited Revisions within 180 days

Included Revisions are designed to cover general updates or adjustments that do not involve changes to the project’s scope or the systems used. If a revision is needed due to an error or misinterpretation on our part, we will make the correction promptly at no cost, and it will not count against your revision allowance. Once the Included Revisions are either used or expired, any further revision requests will be considered Billable Revisions.

Billable Revisions are charged at a fixed rate of $95/hour, based on a detailed time estimate prepared by our drafting team. This estimate will be reviewed and communicated by your Project Coordinator, and no billable work will begin without your prior approval. Billable Revisions include, but are not limited to:

• Major changes to systems or product lines that require significant rework of the shop drawings
• Additions or changes to project scope after drafting has commenced
• Any revision requests submitted after the Included Revisions have expired

Projects under the Ultimate Package benefit from Unlimited Revisions for 180 days. If this option applies to your project, it will be clearly listed in the pricing section of your quote. Please note: Unlimited Revisions do not cover Billable Revisions, which are still subject to the definitions and pricing noted above.

To ensure efficiency and accuracy:

• Please consolidate your revision requests into as few communications as possible.
• Our preferred format for feedback is redlined drawings, either hand-marked in red ink or annotated digitally.

We appreciate your cooperation in helping us maintain a clear and timely revision process.

IV. Warranty

Except for the express warranties set forth in this agreement, Advantage Drafting does not make any other express warranties or representations, or any implied warranties or representations, of any kind whatsoever relating either to this agreement or the services to be supplied by Advantage Drafting under this agreement. The client acknowledges and agrees all such other warranties and representations are hereby disclaimed.

V. Liability

Advantage Drafting will not be held liable for any errors or omissions resulting in the use of shop drawings. Advantage Drafting will not be held liable for the design of a system which falls outside the specifications of any manufacturer, architect, engineer, etc. It is the ultimate responsibility of the Client to ensure that a system falls within, or exceeds required specifications, design criteria, etc. This includes, but is not limited to the following: all fasteners, anchoring parts, wind load, dead load, thermal performance, etc. Advantage Drafting also assumes no responsibility for ensuring designs meet local or national building codes.

Advantage Drafting works with independently licensed engineers for work provided in the selected states for Client’s work. For projects requiring such services with PE/SE stamping and calculations, liability for design criteria would fall on the independent engineer for the scope of the shop drawings with recovery for any damages to come from the engineer’s liability insurance without any recourse against Advantage Drafting or it’s insurance, if any. Our team of engineers are required to carry their own professional liability insurance for such instances.

Clients assumes all responsibility for the content of the provided shop drawings, and therefore it is important that the Client and Advantage Drafting work as a team to ensure a successful project. 

VI. Damages

Neither Advantage Drafting nor Client shall be liable to the other for any loss of profits, loss of business, or any punitive, special, incidental or indirect damages arising hereunder. Client shall receive no payment or compensation of any kind for delays, disruptions, hindrances, inefficiencies, overtime or loss of productivity from any cause in the progress of the work, whether such delays, disruptions, hindrances, inefficiencies, overtime or loss of productivity are avoidable or unavoidable, and shall be entitled to only so much additional compensation and additional time in which to complete the work hereunder as agreed in any written change orders. Advantage Drafting shall not be responsible in any way for any claims or circumstances arising from Client’s reliance or dependence on revenues arising hereunder.

If the completion of the work is defective and/or any part thereof is delayed due to reason, then Advantage Drafting’s sole liability will be limited to aggregate value of the invoice of this agreement the parties agree that the harm alleged to be caused to Advantage Drafting. This provision in no way, conflicts or negates client’s responsibility to first and solely seek remedy from the independent engineer’s liability insurance without any recourse against Advantage Drafting or it’s insurance.

VII. Indemnity

Client shall indemnify and hold Advantage Drafting and its affiliated companies, and their respective officers and employees harmless from and against any losses, liabilities, costs (including reasonable attorney’s fees), damages, judgments or expenses whatsoever arising out of any claim or cause of action including, but not limited to, claims or causes of action based on negligence, strict liability or absolute liability caused by, resulting from, arising out of, or incidental to the work performed under this agreement by Advantage Drafting or its subcontractors or agents, irrespective of whether such claims or causes of action allege or are based in part upon the negligence or fault of Advantage Drafting, and shall, at the option of Advantage Drafting, defend Advantage Drafting at Client’s sole expense in any litigation involving the same, regardless of whether such work is performed by contractor, its employees, or by its subcontractors, agents or assigns, their employees, or all or either of them; provided, however, that such indemnification and hold harmless shall not apply to (1) claims for loss, damage, injury, or death (other than loss of, damage to, or loss of use of contractor’s property) when it is proven by contractor to have been caused by the sole negligence of Advantage Drafting; and (2) claims for loss, damage, injury, or death (including loss of, damage to, or loss of use of contractor’s property) when it is proven by contractor to have been caused by the willful misconduct of Advantage Drafting.

VIII. General Provisions

ACCEPTANCE

Client directing and/or approving Advantage Drafting to perform any work constitutes full acceptance and agreement of these terms and conditions.

DISPUTE RESOLUTION

The parties shall undertake all reasonable efforts to resolve all disputes and shall engage the services of senior management as deemed appropriate. Any dispute which is not settled or disposed of by mediation shall be referred to binding arbitration conducted in accordance with the Construction Rules of the American Arbitration Association [“AAA”].

The parties shall each select a qualified AAA arbitrator, and those 2 selected shall appoint a third. In all other respects, the AAA’s Construction Rules shall govern the arbitration. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such decision shall be final and binding on the parties. The arbitration proceedings shall take place in Houston, TX or elsewhere as the parties may agree.

The parties i.) waive all rights trial by judge and/or jury, ii.) waive all rights to commence any litigation regarding any dispute under this Agreement, and iii.) do hereby expressly elect the option of arbitration in lieu of litigation. The prevailing party in any arbitration of this contract shall recover its reasonable attorneys’ fees, and all expenses incurred in the arbitration, including reasonable expert witness fees, reasonable travel expenses of witnesses, and fees and expenses of the American Arbitration Association and the arbitrators.  

WAIVER

Advantage Drafting’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this agreement, or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or Advantage Drafting’s right to assert or rely upon that term or condition. Any express waiver of a term of this agreement shall be not be binding and effective unless made in writing and properly executed by the waiving party.

SEVERABILITY 

If any provision of this agreement, or the application thereof to any person or circumstances shall be invalid or unenforceable, for any reason and to any extent, the remainder of this agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforceable to the fullest extent permitted by law.