1.  Inspection Scope Limitations

• Inspections are non-invasive, visual inspections. The inspection only includes items for the safety and functionality of the structure. Findings and recommendations provided by Resolve Engineering, L.L.C. (“Resolve”) shall be based on the structure on the day of inspection and does not predict future or past conditions of the structure.  Recommendations provided by Resolve shall be based on engineering judgment and common engineering principles to make assumptions about the structure and does not imply that every defect will be discovered. There are no express or implied guarantees for future performance or future condition of the structure.

• Many existing structures do not meet current code requirements; because of this, the inspection report may not necessarily provide complete recommendations to fully bring the structure to current code requirements.

• Findings and recommendation shall not include areas that are inaccessible, covered by obstructions, covered with finishes, deemed unsafe for Resolve, or deemed not applicable for the scope described by the Client’s concerns.

• Any elevation readings provided by Resolve are approximate values based on measurement locations selected during the inspection and may differ from values provided by other contractors, engineers, or other parties.

• The homeowner is responsible for continuous monitoring and preventative maintenance for the life of the structure.

• The Client, if different than the homeowner, is responsible for obtaining requisite authority and permission for Resolve to enter the premises, review the property, and provide recommendations and opinions about the property.

• Due to the uncertainty of structural performance in the future, the report shall only be valid for six (6) months after the inspection date. After this time, the report and all other documents and recommendations shall be considered void.

2.  Report

• The report shall supersede any discussions that may have occurred during the inspection.

• The report shall be the sole representation of Resolve findings and recommendations.

• The following items shall not be included in the review unless specifically mentioned in the report:

  • Auxiliary structures;

  • Retaining walls;

  • Driveways;

  • Sidewalks;

  • Patios;

  • Decks;

  • Wall framing;

  • Roofing material;

  • Siding;

  • Environmental assessments of the structure;

  • Wood destroying insect damage;

  • Calculations;

  • Detailed engineering analysis;

  • Soil testing;

  • Material testing.

• All letters, drawings, specifications, verbal conversations, and report are for the sole use of the Client and are not prepared for any other party unless expressly stated.

• Client understands and agrees the inspection and this report are not a complete engineering evaluation of the entire structure. If a detailed analysis is required by the Client, Resolve can provide this under a separate contract outside the scope of this letter.

3.  Payment

• All invoices shall be paid within thirty (30) calendar days.

• A late fee of $25 will be charged each month for any invoice not paid within thirty (30) days.

• If a check is returned for insufficient funds, a fee of $50 will be charged and the original payment must be made within 48 hours of notification.

• Any unpaid fees will be sent to collections, and Client shall be responsible to pay for all collection fees.

4.  Disputes

• Resolve’s maximum liability shall be limited to the amount Client paid for Services.

• Any refund nullifies prior reports and Client shall return or destroy all reports or copies of reports in any form or format, before such refund will be issued.

• Client shall indemnify, release, and hold harmless Resolve from and against any and all claims, costs, losses, or damages including reasonable attorney’s fees arising out of or related to any services Resolve performs under this Agreement.

• Resolve is not responsible for the means and methods by which contractors perform their work.

  • Contractors shall retain the sole liability for their work:

    • Quality

    • Meeting plan requirements

    • Meeting city and code requirements

• The cost of any additional work by Resolve outside the scope of the report shall be charged at $125 per hour to the Client. This includes any time that may result from:

  • Attorney fees;

  • Consultations with attorneys;

  • Court fees;

  • Document reviews;

  • Travel time;

  • Other time outside the scope of the report.

• Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

5.  Miscellaneous

• This Agreement shall be governed and construed in accordance with the laws in the state of Kansas and the parties hereto agree that jurisdiction and venue shall be Kansas.

• This Agreement contains the entire understanding of the parties with respect to the subject hereof and supersedes any proper agreement, written or oral, which the parties may have had.

• Any modification of this Agreement will be effective only if in writing and signed by both parties.