Welcome to Focus Engineering And Surveying, LLC. By engaging our surveying and engineering services, requesting project information, or using our website, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before proceeding.
1. Acceptance of Terms
By requesting a survey, signing a service agreement, or utilizing any services provided by Focus Engineering And Surveying, LLC ('we,' 'us,' or 'our'), you ('Client,' 'you,' or 'your') acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy.
These terms govern all surveying projects, engineering services, consultations, and related services provided by Focus Engineering And Surveying, LLC. If you do not agree with any part of these terms, you must not engage our services.
2. Services Provided
Focus Engineering And Surveying, LLC provides professional land surveying and engineering services related to real estate, including but not limited to:
- Boundary surveys and property line determination
- Topographic surveys and mapping services
- ALTA/NSPS land title surveys for commercial transactions
- Construction staking and layout services
- Subdivision surveys and lot surveys
- Site engineering and development services
- Property research and record research
- Survey plat preparation and documentation
All services are provided in accordance with applicable state and local surveying standards, professional licensing requirements, and industry best practices.
3. Service Proposals and Agreements
Proposals:
- Service proposals and estimates are valid for 30 days from the date of issuance unless otherwise specified.
- Proposals are based on information provided by the client and site conditions known at the time of assessment.
- Final pricing may be adjusted based on field conditions, property complexity, record research requirements, and unforeseen circumstances.
- Acceptance of a proposal does not constitute a binding agreement until a formal service agreement is executed.
Service Agreements:
- All projects require a written service agreement signed by both parties.
- Agreements will specify the scope of work, survey type, project timeline, payment schedule, and terms of completion.
- Any changes to the scope of work must be documented through written change orders or amendments.
- Agreements are subject to applicable professional licensing laws and regulations.
4. Project Schedules and Timelines
- Project schedules are estimates based on normal working conditions, weather, and record availability.
- We will make reasonable efforts to complete projects within the agreed timeline.
- Delays caused by weather, permitting issues, client-requested changes, access restrictions, record research complexity, or other circumstances beyond our control may extend project timelines.
- We will notify clients promptly of any anticipated delays and work to minimize schedule impacts.
- Delays caused by the client (failure to provide access, delayed decisions, missing documents, etc.) may result in additional charges.
5. Payment Terms
Payment Schedule:
- Payment terms will be specified in the service agreement and typically include deposits, progress payments, and final payment.
- Initial deposits are generally required before work commences and are non-refundable once surveying work begins.
- Progress payments may be tied to completion milestones and must be paid within the timeframe specified in the agreement.
- Final payment is due upon delivery of survey plats, reports, or other deliverables and client acceptance.
- Failure to make timely payments may result in work stoppage, withholding of deliverables, and potential legal action.
Payment Methods:
- We accept payment via check, wire transfer, ACH, and credit cards (processing fees may apply).
- Late payments may be subject to interest charges as specified in the agreement or as allowed by law.
- Liens may be filed for non-payment in accordance with state law for professional services.
6. Change Orders and Scope Modifications
- Any modifications to the original scope of work must be documented through a written change order or amendment.
- Change orders will specify the nature of the change, cost adjustments, and impact on project timeline.
- Both parties must sign change orders before the additional work is performed.
- Client-requested changes may result in additional costs and schedule delays.
- Verbal agreements or informal requests will not be considered valid change orders.
7. Client Responsibilities
Clients agree to:
- Provide accurate property information, legal descriptions, and necessary documentation.
- Grant access to the property during normal business hours for field work.
- Obtain and provide any necessary permits or permissions for access.
- Disclose any known property issues, disputes, or boundary concerns.
- Provide property deeds, plats, and other relevant documents in a timely manner.
- Notify us promptly of any concerns or issues during the project.
- Comply with payment terms as specified in the agreement.
- Maintain appropriate insurance coverage for the property during surveying activities.
8. Site Access and Safety
- Clients must provide safe and unobstructed access to the property for field surveying work.
- Survey sites may contain hazards. Clients should notify us of any known dangers (animals, hazardous materials, structures, etc.).
- We maintain appropriate insurance coverage for our field operations.
- Clients are responsible for securing necessary permissions for access to adjacent properties when required for boundary surveys.
- We are not responsible for damage to property caused by pre-existing conditions or hidden hazards.
9. Professional Standards and Licensing
- All surveying work is performed by licensed professional surveyors in accordance with state licensing requirements.
- Survey plats and reports are prepared to meet or exceed applicable state and local standards.
- We maintain professional liability insurance as required by our licensing board.
- Survey plats will be signed and sealed by licensed professional surveyors as required by law.
- Clients should verify that surveys meet their specific requirements and any lender or title company specifications.
10. Survey Accuracy and Limitations
Survey Accuracy:
- Surveys are performed using professional-grade equipment and established surveying methods.
- Survey accuracy is subject to field conditions, monumentation availability, and record quality.
- Boundary determinations are based on available records, field evidence, and professional judgment.
- Survey plats reflect conditions existing at the time of the survey.
Survey Limitations:
- Surveys are limited to the scope specified in the service agreement.
- We are not responsible for conditions or issues not included in the agreed scope of work.
- Boundary surveys do not guarantee that boundaries are free from disputes or conflicting claims.
- Topographic surveys show existing conditions and may not reflect future changes or developments.
- Surveys do not constitute legal opinions regarding property rights or title matters.
11. Deliverables and Documentation
- Survey deliverables (plats, reports, maps) will be provided in the format specified in the service agreement.
- Original signed and sealed survey plats remain our property until final payment is received.
- Digital copies may be provided in standard file formats (PDF, CAD, etc.) as specified.
- Field notes, calculations, and working files are proprietary and may not be included in deliverables.
- Clients are responsible for reviewing deliverables for accuracy and completeness.
12. Warranties and Guarantees
Professional Workmanship:
- We warrant that our surveying services will be performed in accordance with professional standards.
- We will correct errors in our work at no additional charge if reported within 90 days of delivery.
- This warranty covers errors in our surveying work, not errors in underlying records or client-provided information.
Warranty Exclusions:
- Errors resulting from inaccurate or incomplete information provided by the client.
- Changes to property conditions after the survey date.
- Errors in public records or deeds that we relied upon in good faith.
- Boundary disputes or title issues not within the scope of the survey.
- Consequential damages or indirect losses.
13. Insurance and Liability
- Focus Engineering And Surveying, LLC maintains professional liability insurance, general liability insurance, and workers' compensation insurance as required by law.
- Our liability is limited to the contract value of the specific project or our professional liability insurance limits, whichever is less.
- We are not liable for damages resulting from errors in client-provided information or public records.
- We are not responsible for property damage caused by pre-existing conditions or circumstances beyond our control.
- Clients should consult with their insurance providers regarding coverage during surveying activities.
14. Record Retention
- We maintain project records in accordance with professional licensing requirements and state regulations.
- Survey records may be retained for extended periods as required by law.
- Clients may request copies of survey records, which may be subject to reproduction fees.
- Original field notes and calculations remain our proprietary property.
15. Project Completion and Acceptance
Delivery of Services:
- Services are considered complete upon delivery of survey plats, reports, or other agreed-upon deliverables.
- Clients have a reasonable period to review deliverables and report any errors or concerns.
- Final payment is due upon delivery and acceptance of deliverables, unless otherwise specified.
Client Acceptance:
- Acceptance of deliverables constitutes acknowledgment that services meet the agreed scope of work.
- Clients are responsible for reviewing deliverables for accuracy and completeness.
- We will address legitimate concerns and correct errors in our work as specified in Section 12.
16. Dispute Resolution
In the event of disputes arising from these terms or our services:
- Both parties agree to first attempt resolution through good faith negotiations.
- If negotiations fail, disputes will be resolved through binding mediation before a neutral mediator.
- If mediation is unsuccessful, disputes will be resolved through binding arbitration in accordance with applicable arbitration rules.
- The prevailing party in arbitration may be awarded reasonable attorney's fees and costs.
- Both parties waive the right to jury trial and class action litigation, to the extent permitted by law.
17. SMS Text Messaging Terms
Opt-In and Consent:
By providing your mobile phone number and opting in to receive text messages from Focus Engineering And Surveying, LLC, you consent to receive transactional and informational SMS messages, which may include:
- Project status updates and survey completion notifications
- Field visit scheduling and appointment reminders
- Schedule changes and weather-related delays
- Document delivery notifications
- Payment reminders and invoice notifications
- Important project information and updates
Message Frequency and Charges:
- Message frequency varies based on project activity and your opt-in preferences.
- Standard message and data rates from your mobile carrier may apply.
- We do not charge for text messages, but your carrier's rates may apply.
Opt-Out Instructions:
- You may opt out of text messages at any time by replying "STOP" to any message.
- You will receive a confirmation message upon successful opt-out.
- After opting out, you will no longer receive SMS messages unless you re-opt in.
- Opting out does not affect your contractual obligations or project communications via other methods.
Help and Support:
- Reply "HELP" to any message for assistance.
- Contact us at info@focus-surveying.com or (610) 686-9758 for additional support.
Data Protection:
We do NOT share your phone number or opt-in data with third parties for marketing purposes. Your SMS opt-in information is kept strictly confidential in accordance with our Privacy Policy.
18. Force Majeure
- Neither party shall be liable for delays or failure to perform due to circumstances beyond reasonable control.
- Force majeure events include severe weather, natural disasters, pandemics, wars, strikes, government actions, access restrictions, and similar events.
- We will notify clients promptly of force majeure events affecting project timelines.
- Project timelines will be extended by the duration of the force majeure event.
19. Termination
Termination by Client:
- Clients may terminate the agreement for convenience with written notice.
- Upon termination, clients must pay for all work completed, time expended, and reasonable termination costs.
- Deposits and progress payments are non-refundable.
- Deliverables will not be provided until all outstanding payments are received.
Termination by Focus Engineering And Surveying, LLC:
- We may terminate the agreement if the client fails to pay, refuses property access, or breaches material agreement terms.
- We will provide written notice and opportunity to cure before terminating for client default.
- Upon termination for cause, all outstanding payments become immediately due.
20. Governing Law
These Terms and Conditions and all service agreements shall be governed by and construed in accordance with applicable state and federal laws. Any legal actions must be brought in the appropriate jurisdiction as specified in the service agreement or as required by law.
21. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website.
- We will update the "Last Updated" date at the top of this page when changes are made.
- For active projects, existing agreements will remain subject to the terms in effect at agreement signing.
- New projects will be subject to the current terms at the time of agreement execution.
- It is your responsibility to review these terms periodically for updates.
22. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
23. Entire Agreement
These Terms and Conditions, together with any service agreements, proposals, and our Privacy Policy, constitute the entire agreement between you and Focus Engineering And Surveying, LLC regarding the provision of surveying and engineering services, superseding any prior agreements or understandings.
24. Contact Information
If you have any questions about these Terms and Conditions or our services, please contact us:
Focus Engineering And Surveying, LLC
Phone: (610) 686-9758
Email: info@focus-surveying.com
Website: focus-surveying.com
By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.