Terms and Conditions

Structural Engineering On-Site Assessment and Written Report

These Terms and Conditions (“Agreement”) govern the structural engineering assessment and written report purchased through this private online checkout page.

“Turnwood” means Turnwood Design Group LC. “Client” means the person or entity purchasing the Services. “Engineer” means the independently licensed professional engineer retained by Turnwood to perform the engineering portion of the Services. “Property” means the property identified by the Client during checkout or subsequent written correspondence.

By completing this purchase, the Client confirms that the Client has read, understood, and accepted this Agreement in its entirety.

1. Services

Turnwood will retain and coordinate an appropriately licensed professional engineer to perform a limited, visual, non-destructive assessment of accessible conditions associated with the reported brick-veneer separation or movement at the Property.

The Services include:

• One on-site visit by the Engineer.

• Visual observation of readily visible and safely accessible affected areas.

• Review of visible brick-veneer displacement, cracking, separation, or movement.

• Visual observation of accessible adjacent wall and foundation conditions.

• Consideration of available information concerning proposed helical-pier work.

• Photographic documentation as the Engineer considers appropriate.

• One written report prepared by the Engineer.

• Delivery of the completed report electronically to the Client.

Turnwood will coordinate scheduling, transmit available information to the Engineer, and deliver the completed report. The Engineer retains exclusive control over all professional engineering opinions, conclusions, recommendations, calculations, and determinations.

2. Professional Engineer

The engineering assessment and report will be performed and prepared by a professional engineer licensed in the jurisdiction where the Property is located.

Turnwood is retaining the Engineer as an independent professional consultant. The Engineer is not represented as an employee, partner, or agent of Turnwood.

Turnwood will not direct, alter, override, or guarantee the Engineer’s professional judgment. No preliminary discussion, estimate, photograph, text message, or statement made before issuance of the report constitutes a final engineering opinion.

The report will be signed or otherwise authenticated by the Engineer. It will be sealed only when required by applicable law, required by the agreed scope, or considered appropriate by the Engineer. A governmental submission, permit package, or sealed repair design is not included unless expressly stated in writing.

3. Limited Nature of Assessment

The Services constitute a limited visual assessment and are not a comprehensive structural inspection of the entire building.

The Engineer will observe only conditions that are:

• Visible at the time of the visit;

• Reasonably and safely accessible;

• Within the stated area of concern; and

• Relevant to the limited purpose of the engagement.

The assessment does not include demolition, removal of finishes, excavation, probing, invasive testing, destructive investigation, laboratory testing, soil testing, surveying, monitoring, or opening concealed construction.

The absence of a comment about a particular component does not constitute a determination that the component is safe, code-compliant, properly constructed, or free from defects.

4. Concealed and Unknown Conditions

Structural conditions may be concealed by brick, siding, drywall, framing, insulation, soil, landscaping, finishes, furnishings, decking, planters, or previous repairs.

Neither Turnwood nor the Engineer is responsible for failing to identify a condition that was concealed, inaccessible, undocumented, misrepresented, altered, or not reasonably discoverable during the limited visual assessment.

If concealed or materially different conditions are later discovered, the opinions and recommendations in the report may require modification. Additional investigation, calculations, site visits, or documents will constitute additional services and require separate written authorization and payment.

5. Client Responsibilities

The Client shall:

• Provide the correct Property address and contact information.

• Disclose all known structural movement, cracking, repairs, water intrusion, foundation work, insurance claims, reports, permits, and contractor recommendations relevant to the affected area.

• Provide available drawings, photographs, proposals, and prior reports before the site visit.

• Provide lawful access to the Property at the scheduled time.

• Ensure that an owner or authorized adult representative is present unless alternative access has been approved in writing.

• Remove planters, stored materials, decking components, vegetation, or other obstructions that prevent access to the affected wall and foundation.

• Provide a reasonably safe working environment.

• Restrain animals and disclose known hazards.

• Obtain any required permission from owners, tenants, condominium associations, or other interested parties.

Turnwood and the Engineer may refuse to enter or inspect an area considered unsafe, obstructed, unsanitary, structurally unstable, or outside the agreed scope. Such refusal will not constitute a breach of this Agreement.

6. No Emergency or Life-Safety Service

The Services are not emergency-response services and are not intended to determine whether immediate occupancy is safe.

Brick veneer that is separating from a wall may present a falling-material hazard. Until the condition has been evaluated and appropriately stabilized, the Client is responsible for restricting access to the affected area and taking reasonable precautions to protect occupants, visitors, workers, vehicles, and neighboring property.

If active movement, falling masonry, imminent collapse, or another immediate danger is suspected, the Client should vacate the affected area and contact emergency services, the local building authority, and an appropriately qualified stabilization contractor. Purchasing this service does not transfer responsibility for site safety to Turnwood or the Engineer.

7. Services Not Included

Unless expressly added through a separately signed written agreement, the following are excluded:

• A whole-building structural inspection.

• Destructive or invasive investigation.

• Demolition or reconstruction.

• Soil borings, geotechnical engineering, or laboratory testing.

• Property-line, elevation, or topographic surveying.

• Continuous movement monitoring.

• Structural calculations for a repair design.

• Design of helical piers, foundations, walls, anchors, ties, lintels, or masonry repairs.

• Construction drawings, specifications, or permit documents.

• Architectural design.

• Contractor selection or bidding.

• Construction means, methods, sequences, procedures, or safety precautions.

• Supervision or control of any contractor.

• Review or approval of shop drawings or contractor submittals.

• Inspection or certification of completed construction.

• Verification that repairs comply with the Engineer’s recommendations.

• Municipal, lender, insurer, purchaser, or court testimony.

• Expert-witness services, depositions, mediation, arbitration, or litigation support.

• Additional meetings, site visits, revised reports, or responses to third-party questions.

8. No Warranty or Guarantee

Professional services will be performed using the ordinary degree of skill and care normally exercised by similarly situated professionals performing comparable services under similar circumstances.

No other warranty or guarantee, express or implied, is made.

Neither Turnwood nor the Engineer guarantees:

• The discovery of every defect or cause of movement;

• That observed conditions will remain unchanged;

• That a recommended repair will fall within a particular budget;

• That a contractor’s proposed work is adequate;

• That a property transaction will close;

• That the Property is marketable, insurable, financeable, or code-compliant;

• That a municipality, lender, insurer, buyer, contractor, or other party will accept the report; or

• That no additional repairs, investigation, or professional services will be required.

The report is a professional opinion based on limited observations and information available on the date of the assessment. It is not a warranty, insurance policy, certification of structural soundness, or guarantee against future movement or failure.

9. Reliance and Third-Party Use

The report is prepared solely for the Client and solely for the purpose described in this Agreement.

No buyer, lender, insurer, municipality, contractor, tenant, real-estate professional, or other third party may rely upon the report without the Engineer’s prior written authorization.

The Client may provide a copy of the report to another party for informational purposes, but doing so does not create a professional relationship, duty, or liability to that party.

If the Client requires the report to be addressed to, relied upon by, assigned to, or revised for a third party, the request must be made before the site visit. Additional review, contractual terms, insurance requirements, reliance letters, or fees may apply.

The Client shall not alter, excerpt, reformat, remove qualifications from, or present portions of the report in a misleading manner. The report must be distributed in its complete form.

10. Fee and Advance Payment

The fixed fee for the stated Services is provided above.

Payment in full is required before the Engineer is retained, project materials are reviewed, or the site visit is reserved. No appointment is confirmed until Turnwood has received cleared payment and issued written scheduling confirmation.

The fixed fee is based on the scope and conditions described in this Agreement. Additional services are not included and will not be performed without written authorization, except for actions reasonably necessary to address an immediate life-safety concern observed during the visit.

11. Cancellation and Refunds

Any cancellation right required by applicable law remains unaffected.

Subject to any non-waivable statutory cancellation right:

• The Client may cancel before Turnwood has retained the Engineer, reviewed project materials, or reserved the site visit.

• Once professional work has commenced, Turnwood may retain the portion of the payment attributable to services performed, administrative time incurred, consultant commitments made, and nonrecoverable expenses.

• Once the Engineer has been retained or the appointment has been reserved, amounts committed to the Engineer are non-refundable.

• Once the site visit has occurred, the fee is earned and non-refundable.

• Once the report has been delivered, no refund will be issued based on dissatisfaction with the Engineer’s findings, conclusions, recommendations, repair implications, or a third party’s response to the report.

A request for a particular result does not obligate the Engineer to reach that result. An unfavorable engineering opinion is not grounds for a refund.

12. Rescheduling, Access Failure, and Missed Appointments

Requests to reschedule must be received in writing at least two business days before the confirmed visit.

Rescheduling remains subject to the Engineer’s availability. The Client is responsible for any fee charged by the Engineer because of cancellation, delay, or rescheduling.

If the Engineer cannot gain access, the required representative is absent, obstructions have not been removed, or the site is unsafe, the visit may be terminated and treated as a missed appointment. A return visit will constitute an additional service and require payment of an additional fee before scheduling.

Turnwood and the Engineer are not liable for delays caused by weather, illness, emergency conditions, travel disruption, unsafe conditions, incomplete information, delayed access, governmental action, or other events beyond their reasonable control.

13. Report Delivery

The report will be delivered electronically after the site visit and completion of the Engineer’s professional review.

Any delivery estimate is an estimate rather than a guaranteed deadline unless Turnwood expressly agrees to a deadline in writing.

The Engineer may request additional information or recommend further investigation before issuing a final opinion. A reasonable delay required to complete the professional review does not constitute a breach or entitle the Client to a refund.

14. Additional Services and Changed Scope

Conditions encountered at the Property may require services beyond those reasonably anticipated when this Agreement was accepted.

Additional services may include:

• Further site visits;

• Review of newly produced documents;

• Destructive investigation;

• Structural calculations;

• Repair design;

• Construction documents;

• Contractor coordination;

• Responses to governmental or third-party comments;

• Review of completed repairs; or

• Testimony or dispute-related services.

Additional services require a separate written proposal or written authorization and will be billed separately. The Client is not obligated to purchase additional services from Turnwood or the Engineer.

15. Contractor Responsibility

Neither Turnwood nor the Engineer is responsible for a contractor’s work, pricing, scheduling, workmanship, materials, means and methods, sequencing, site safety, temporary support, or compliance with laws and permit requirements.

Reviewing a contractor’s proposal does not constitute approval, supervision, control, or acceptance of the contractor’s work.

Contractors remain solely responsible for field verification, temporary stabilization, safe performance of construction, compliance with the contract documents, and notifying the Engineer of conflicts or materially different conditions before proceeding.

16. Ownership and Permitted Use

The Engineer retains ownership of the report, photographs, calculations, notes, and other instruments of professional service, subject to the Client’s limited right to use the final report for the Property and stated purpose.

Payment grants the Client a nonexclusive license to use the final report for the stated purpose. The Client may not reuse the report for another property, another structure, a materially altered condition, or an unrelated project.

Preliminary notes, internal communications, draft reports, field notes, and working documents are not deliverables unless expressly identified otherwise.

17. Photographs and Documentation

The Client authorizes Turnwood and the Engineer to photograph and document accessible areas of the Property for professional evaluation, recordkeeping, insurance, and report preparation.

No personally identifying project information or recognizable images of the Property will be used publicly for marketing without the Client’s separate permission, except as reasonably required by law, professional standards, insurance reporting, dispute resolution, or defense of a claim.

18. Limitation of Liability

To the fullest extent permitted by law, Turnwood’s aggregate liability arising from its coordination, administration, scheduling, communication, or other non-engineering services under this Agreement shall not exceed the amount actually paid to Turnwood under this Agreement.

Turnwood is not responsible for independent professional opinions rendered by the Engineer or for construction performed by contractors or other third parties.

Nothing in this Agreement waives or limits a liability that cannot lawfully be waived or limited. The Engineer’s professional liability, if any, remains subject to applicable law and any separate terms issued by the Engineer.

The Client agrees that the fee reflects the allocation of risk stated in this Agreement. If the Client requests a higher contractual liability limit, Turnwood may consider that request before services begin in exchange for an additional fee and revised written agreement.

19. Waiver of Consequential Damages

To the fullest extent permitted by law, the Client and Turnwood waive claims against each other for indirect, incidental, special, exemplary, punitive, or consequential damages arising from this Agreement.

This waiver includes, without limitation, alleged lost profits, lost sale proceeds, loss of financing, diminution in property value, loss of use, relocation expenses, delay damages, emotional distress, and losses arising from a third party’s refusal to accept the report.

This provision does not waive any remedy that applicable law prohibits the parties from waiving.

20. Claims Notice and Opportunity to Address

The Client shall notify Turnwood in writing of any claimed error, omission, or breach promptly after discovery and before altering, concealing, demolishing, or repairing the condition involved, except when immediate action is reasonably necessary to protect life or property.

The notice must describe the claimed issue and include relevant photographs, reports, and communications.

To the extent reasonably possible, the Client shall provide Turnwood and the Engineer an opportunity to review the claimed condition before corrective work begins. Failure to provide notice and a reasonable opportunity to review will bar recovery to the extent the failure materially prejudices the ability to investigate or mitigate the claim.

21. Dispute Resolution

The parties shall first attempt in good faith to resolve any dispute through direct written communication.

If the dispute is not resolved within 30 days after written notice, the parties agree to participate in non-binding mediation before filing a civil action, unless emergency injunctive relief is reasonably necessary or a statutory filing deadline would expire.

Mediation will take place in Oakland County, Michigan, unless the parties agree otherwise. The parties will share the mediator’s fee equally and bear their own legal and professional expenses.

If mediation does not resolve the dispute, either party may pursue available remedies in a court of competent jurisdiction.

Nothing in this section eliminates a Client’s right to pursue a remedy that cannot legally be conditioned on mediation.

22. Governing Law and Venue

This Agreement is governed by the laws of the State of Michigan, without regard to conflict-of-law principles.

Subject to the dispute-resolution provision above, any legal proceeding arising from this Agreement shall be brought in a court of competent jurisdiction located in the Michigan county where Turnwood’s principal office is located, unless applicable law requires another venue.

23. Electronic Agreement and Communications

The Client agrees that:

• Electronic acceptance has the same effect as a handwritten signature.

• Checkout records, payment records, emails, and electronic communications may be retained as evidence of the Agreement.

• Notices and project communications may be delivered electronically to the email address or telephone number provided by the Client.

• The Client is responsible for maintaining accurate contact information and reviewing communications concerning the Services.

24. Authority to Contract

The Client represents that the Client:

• Is at least 18 years old;

• Has authority to order the Services;

• Owns the Property or has the owner’s authorization;

• Has authority to grant site access; and

• Has provided accurate and complete information.

If the Client is acting for another person or entity, the Client represents that the Client has authority to bind that person or entity to this Agreement.

25. Compliance With Law

Nothing in this Agreement requires Turnwood or the Engineer to violate a law, code, licensing requirement, ethical obligation, or professional standard.

If a provision conflicts with a non-waivable legal requirement, the legal requirement will control, and the remaining provisions will continue in effect.

26. Severability

If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent legally permitted or severed if necessary. The remaining provisions will remain in effect.

27. No Waiver

A party’s failure to enforce a provision on one occasion does not waive the right to enforce that provision later. A waiver is effective only when made in writing by the party granting it.

28. Assignment

The Client may not assign this Agreement, the report, or any claim arising from the Services without Turnwood’s prior written consent.

Turnwood may retain and coordinate qualified consultants as reasonably necessary to perform the Services.

29. Entire Agreement and Order of Precedence

This Agreement, the product description, the confirmed project address, and any written scope modification accepted by Turnwood constitute the entire agreement concerning the Services.

They replace prior discussions, advertisements, text messages, emails, representations, and understandings concerning the same Services.

If the documents conflict, the following order controls:

1. A later written amendment signed or expressly accepted by both parties;

2. These Terms and Conditions;

3. The written product description;

4. Other project correspondence.

No oral statement modifies this Agreement.

30. Acceptance

By checking the acceptance box and completing payment, the Client acknowledges and agrees that:

• The Client has read and accepts these Terms and Conditions.

• The Client understands that the assessment is limited, visual, and non-destructive.

• The Client understands that concealed defects may exist.

• The Client understands that repair design and construction documents are not included.

• The Client understands that no particular engineering conclusion is promised.

• The Client understands that payment does not guarantee acceptance by a buyer, lender, insurer, municipality, or other third party.

• The Client authorizes Turnwood to retain and coordinate the Engineer.

• The Client agrees to pay the $3,100 professional fee in advance.

• The Client has received an opportunity to save or print this Agreement before purchasing.