Terms & Conditions
The terms for using professionalestimatingservices.com and ordering construction estimating, takeoff and preconstruction services from Professional Estimating Services.
1. Agreement to These Terms
These Terms & Conditions (the “Terms”) govern your use of professionalestimatingservices.com (the “Site”) and any construction estimating, quantity takeoff, material takeoff, bid support, scheduling or other preconstruction services (the “Services”) provided by Professional Estimating Services (“PES,” “we,” “us” or “our”).
By using the Site, requesting a quote or ordering Services, you agree to these Terms. If you are accepting on behalf of a company, you confirm that you are authorized to bind that company, and “you” refers to the company. If a signed proposal, statement of work or master services agreement conflicts with these Terms, that signed document controls for the project it covers.
2. Definitions
- “Client” means the person or company that requests a quote or orders Services.
- “Project Documents” means drawings, specifications, addenda, bid forms, models, photos and other information the Client provides.
- “Deliverables” means the estimates, takeoffs, material lists, marked-up drawings, schedules, reports and other work product we deliver.
- “Quote” means our written proposal describing scope, price, turnaround and any special conditions.
3. Use of the Website
You may use the Site for lawful business purposes. You agree not to: copy, scrape or republish Site content without permission; attempt to gain unauthorized access to the Site or its systems; upload malicious code; interfere with the Site’s operation; or use the Site to send spam or misleading information. Site content, including text, graphics, logos and sample materials, is owned by PES or its licensors and is protected by intellectual property laws.
4. Our Services
We prepare construction cost estimates, quantity and material takeoffs and related preconstruction Deliverables based on the Project Documents you provide. The scope of each engagement — trades, CSI divisions, level of detail, format and due date — is defined in the Quote. Work outside that scope, including new drawing revisions, added trades or alternates, is additional work unless the Quote says otherwise.
Our Services are estimating and consulting services. We do not provide architectural, engineering, surveying, legal, accounting or code-compliance services, and our Deliverables are not stamped or certified unless a separate written agreement says so.
5. Quotes, Orders and Scheduling
- Quotes are based on the documents and information available when the Quote is issued and are valid for 30 days unless stated otherwise.
- A project is confirmed when you accept the Quote in writing (including by email) and, where the Quote requires it, pay any deposit.
- Turnaround times start when we have the complete Project Documents and your acceptance. Missing sheets, unclear scope or late addenda can extend the schedule; we will tell you promptly if a deadline is at risk.
- Rush turnaround is subject to estimator availability and may carry a rush fee stated in the Quote.
6. Client Responsibilities
You agree to provide complete, current and legible Project Documents, tell us about all addenda, alternates and bid requirements, identify labor conditions (union, open shop or prevailing wage) and respond to our scope questions in time to meet your deadline. You are responsible for confirming that you have the right to share the Project Documents with us. We rely on your documents and information and are not responsible for errors caused by incomplete, outdated or inaccurate information.
7. Nature of Estimates
Every estimate is an opinion of probable cost prepared with professional care from the information available at the time. It is not a guarantee of actual construction cost, bid results, subcontractor or supplier pricing, or project profit. Actual costs vary with market conditions, material price changes, labor availability, productivity, site conditions, schedule, design changes and contractor means and methods.
You are solely responsible for reviewing Deliverables, verifying quantities and pricing you rely on, applying your own markups and bid strategy, and deciding the final amount of any bid, budget or contract. Expected accuracy depends on design completeness, as described on our Quality & Accuracy page.
8. Fees and Payment
- Fees, payment schedule and accepted payment methods are stated in the Quote or invoice. Unless stated otherwise, invoices are due on receipt.
- We may require a deposit or full prepayment for new clients, rush work or large projects.
- We may pause work or withhold Deliverables while an invoice is past due.
- Fees do not include sales, use or similar taxes, which are added where required.
- Typical pricing and plan options are described on our pricing page.
9. Revisions, Cancellations and Refunds
Revisions to correct an error in our work are made at no charge. Revisions caused by new or changed Project Documents, addenda or scope changes are billed as described in the Quote. If you cancel after work has started, you pay for work performed up to the cancellation. Full details are in our Refund & Revision Policy.
10. Intellectual Property and License
When you have paid in full, you receive a non-exclusive, perpetual license to use the Deliverables for the project they were prepared for, including sharing them with your project team, owner, lender, bonding company and subcontractors. You may not resell the Deliverables or present them as a service offered by another estimating provider.
PES keeps ownership of its methods, templates, cost databases, software configurations, know-how and general-purpose materials. You keep ownership of your Project Documents and grant us a limited license to use them to perform the Services.
11. Confidentiality
We treat Project Documents, pricing and bid information as confidential and use them only to provide the Services. We do not disclose them to third parties except to personnel and contractors working on your project who are bound by confidentiality obligations, or as required by law. You agree to keep our non-public pricing and proprietary methods confidential. See our Confidentiality & NDA Policy and Privacy Policy.
12. Third-Party Software and Data
We may use licensed third-party software and cost data (for example takeoff software or published cost databases) to prepare Deliverables. Native software files are delivered only where the Quote includes them, and your use of any third-party software is subject to that vendor’s license terms. We are not responsible for third-party platforms, plan rooms or links outside our control.
13. Disclaimer of Warranties
We will perform the Services with the care and skill normally exercised by professional construction estimators under similar circumstances. Except for that commitment, the Site and Services are provided “as is” and “as available,” and to the fullest extent permitted by law we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Our general Disclaimer also applies.
14. Limitation of Liability
To the fullest extent permitted by law, PES will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost bids, lost business opportunities or loss of data, arising out of or related to the Site or Services, even if advised of the possibility of such damages.
Our total liability for all claims arising out of or related to a project or these Terms is limited to the fees you paid to PES for the specific Services that gave rise to the claim. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.
15. Indemnification
You agree to defend, indemnify and hold harmless PES and its owners, employees and contractors from claims, losses and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site, your breach of these Terms, Project Documents you did not have the right to share, or your use of Deliverables, including bids, budgets and contracts you submit or sign.
16. Non-Solicitation
During an active engagement and for twelve months after it ends, you agree not to directly solicit for employment any PES estimator who worked on your projects without our written consent. This does not restrict general job postings that an estimator responds to on their own.
17. Governing Law and Disputes
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. Before filing any claim, both parties agree to try to resolve the dispute informally by written notice and good-faith discussion for at least 30 days. If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania, and both parties consent to the jurisdiction of those courts.
18. Force Majeure
Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, power or internet outages, government actions, epidemics or labor disputes. Payment obligations for Services already performed are not excused.
19. General Terms
- Entire agreement. These Terms, the Quote and any signed agreement are the entire agreement for the Services.
- Severability. If any provision is found unenforceable, the rest of the Terms remain in effect.
- No waiver. Failing to enforce a provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a sale or reorganization of our business.
- Electronic communications. You agree that quotes, acceptances, notices and invoices may be sent and signed electronically.
- Independent contractor. PES acts as an independent contractor and is not your agent, partner or employee.
20. Changes to These Terms
We may update these Terms from time to time by posting a new version on this page with a new “Last updated” date. The version in effect when you accept a Quote applies to that project. Continued use of the Site after changes are posted means you accept the updated Terms.
21. Contact Information
Questions about these Terms can be sent to:
Professional Estimating Services
617 S 20th St
Philadelphia, PA 19146, USA
Phone: 1 (267) 991 0966
Email: contact@professionalestimatingservices.com
Questions About This Policy or Your Project?
Contact our team by phone or email and we will respond within one business day. For new estimates, send your plans for a free, fixed-price quote.
- 1 (267) 991 0966
- contact@professionalestimatingservices.com
- 617 S 20th St, Philadelphia, PA 19146, USA