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Terms and conditions for contractors who need estimating services can vary depending on the specific agreement between the contractor and the estimating service provider. However, here are some common terms and conditions that you may want to include in such an agreement:

  1. Scope of Work: Clearly define the scope of work that the estimating service will provide. Specify whether it includes cost estimates, quantity take-offs, value engineering, or any other related services.
  2. Fees and Payment: Outline the fees and payment terms. This should include details such as hourly rates, fixed fees, or a per-project basis. Specify when and how payments will be made.
  3. Confidentiality: Include a confidentiality clause to protect sensitive project information. Contractors may need to share project details, plans, and proprietary data, so it’s important to ensure that this information remains confidential.
  4. Ownership of Work: Clarify who will own the estimates and related documents created by the estimating service. Typically, the contractor should retain ownership, but the estimating service provider may retain the right to use the estimates for their portfolio.
  5. Deliverables and Timelines: Specify the expected deliverables, such as cost estimates, reports, or other documents, and establish deadlines for their delivery.
  6. Revisions and Changes: Describe the process for requesting revisions or changes to the estimates and how additional fees may apply for revisions beyond the initial scope.
  7. Termination: Outline the conditions under which either party can terminate the agreement and the notice period required for termination. Include any associated termination fees or penalties.
  8. Liability and Insurance: Define the liability of both parties in case of errors or omissions in the estimates. Specify any insurance requirements or indemnification clauses.
  9. Dispute Resolution: Include a clause that outlines how disputes will be resolved, whether through mediation, arbitration, or legal proceedings, and the jurisdiction in which disputes will be handled.
  10. Governing Law: Specify the governing law that will apply to the agreement and any legal disputes that may arise from it.
  11. Independent Contractor Status: Clarify that the estimating service provider is an independent contractor and not an employee of the contractor.
  12. Non-solicitation: Include a non-solicitation clause that prevents the estimating service provider from soliciting the contractor’s clients or employees.
  13. Force Majeure: Include a force majeure clause that outlines what happens if unforeseen events or circumstances beyond the parties’ control prevent them from fulfilling their obligations under the agreement.
  14. Miscellaneous: Include any other relevant clauses, such as a waiver clause, notice provisions, or governing language.
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