10.1 Professional Standard of Care. Services shall be performed in accordance with the professional standard of care ordinarily exercised by structural engineers practicing under similar circumstances in the same locality. No other warranty, express or implied, is provided.
10.2 Code Compliance. Engineering services shall be based on the applicable building codes and standards adopted by the AHJ at the time of design. Changes in codes or interpretations after proposal acceptance may require additional services.
10.3 Limitation of Liability. To the fullest extent permitted by law, the total liability of the Structural Engineer for any and all claims arising out of this project shall be limited to the total fee paid under this agreement or $5,000, whichever is less.
10.4 Indemnification. Client agrees to indemnify and hold harmless the Structural Engineer from claims arising from modifications to the design not performed or approved by the Structural Engineer.
10.5 Construction Means and Methods. The Structural Engineer shall not be responsible for construction means, methods, sequences, site safety, or contractor performance.
10.6 Existing Conditions. Services are based on visible and accessible conditions only. The Structural Engineer is not responsible for concealed or unknown conditions.
10.7 Changes in Scope. Any change in project scope, schedule, or assumptions shall require a written amendment and may result in additional fees.
10.8 Payment Terms. Invoices shall be issued monthly and are due within 5 days of receipt. Late payments may accrue interest at 10% per month, or the maximum rate allowed by law.
10.9 Ownership of Instruments of Service. All drawings, calculations, and documents remain the property of the Structural Engineer. Client is granted a limited license to use them solely for this project.
10.10 Governing Law. This agreement shall be governed by the laws of the State of California.
10.11 Severability. If any provision is held invalid, the remaining provisions shall remain in full force and effect.