Estimating Disclaimer & Limitation of Liability
Construction Estimating Legal Disclaimer
Effective Date: August 2026 • Important Terms of Use, Non-Warranty, and Liability Limitations for Contractors & Estimators
1Mathematical Tool & Estimating Non-Guarantee
Takeoff Engine provides computational tools and automated quantity processing designed to assist construction contractors, estimators, and engineers. All calculations, pricing summaries, trench earthwork models, rate applications, and export documents generated by this software are estimates only and are provided for informational and planning purposes. Takeoff Engine does NOT provide architectural, structural, civil engineering, surveying, legal, accounting, or licensed professional consulting services. We do NOT guarantee the mathematical completeness, pricing sufficiency, profitability, or bidding success of any estimate produced. The output of this software should never be used as the sole basis for any construction bid, contract, or financial decision without independent professional verification.
2Contractor Responsibility & Mandatory Field Verification
The user (contractor, subcontractor, estimator, or any other person or entity using the Service) maintains sole and exclusive responsibility for verifying all project dimensions, quantities, specifications, and costs prior to submitting any bid, executing any contract, or ordering construction materials. Specifically, users acknowledge and agree that:
- Plan & Specification Review: The user is solely responsible for cross-referencing all takeoff quantities against complete engineering plan sets, geotechnical soil reports, addenda, and project specifications. Takeoff Engine does not review, validate, or verify the accuracy of uploaded plans or drawings.
- Subsurface & Geotechnical Conditions: Soil excavation volumes, trench depths, swell/shrinkage factors, and rock/water classifications must be verified by field borings and local conditions. Takeoff Engine's trench calculations are geometric estimations and do not account for subsurface rock, unlocatable utilities, adverse trenching collapse, groundwater, or other site-specific conditions.
- Material & Labor Price Volatility: Material costs, supplier quotes, fuel surcharges, labor wage escalations, prevailing wage requirements, and regional market volatility must be independently confirmed with local suppliers, trade unions, and labor authorities before bid submission. Takeoff Engine does not provide real-time pricing data and is not responsible for price fluctuations.
- Scope Completeness & Exclusions: Missing scope badges, unmapped items, and placeholder tokens (TBD, HOLD, N/A) must be reviewed manually. The software does not verify whether all bid requirements or drawing details are fully captured. Users must independently verify that all project scope, exclusions, allowances, and contingencies are properly accounted for.
3No Warranties & "As-Is" Software Provision
Takeoff Engine is provided on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind, whether express, statutory, or implied. To the maximum extent permitted by applicable law, Takeoff Engine disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular construction purpose, accuracy of algorithms, system uptime, non-infringement, and any warranty that the Service will meet your requirements or be error-free. No oral or written information or advice given by Takeoff Engine, its employees, or agents shall create a warranty not expressly stated in these terms. You expressly agree that your use of the Service is at your sole risk.
4Limitation of Liability & Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, under no circumstances and under no legal theory (whether in contract, tort, negligence, strict liability, or otherwise) shall Takeoff Engine, its creators, founders, developers, officers, employees, agents, or affiliates be held liable for any damages arising from the use of, or inability to use, this platform or the estimates generated herein, including but not limited to:
- Direct or Indirect Bidding Losses: Underbidding, lost contractor profits, liquidated damages, bid bond forfeiture, project cost overruns, rejected project bids, lost business opportunities, or loss of anticipated savings.
- Material Shortages or Excesses: Over-ordering, material shortfalls, supplier restocking fees, delivery delays, project delays, schedule impacts, or change orders resulting from takeoff quantity discrepancies.
- Consequential & Incidental Damages: Loss of profits, loss of revenue, loss of data, business interruption, loss of goodwill, cost of substitute services, or any other indirect, special, incidental, consequential, punitive, or exemplary damages, even if Takeoff Engine has been advised of the possibility of such damages.
- Maximum Liability Cap: In all jurisdictions where limitations of liability are enforceable, Takeoff Engine's total aggregate liability for any and all claims arising out of or related to the Service, estimates, or this disclaimer shall not exceed the greater of: (a) the total amount paid by the user to Takeoff Engine for platform access during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00 USD). The foregoing limitations shall apply regardless of whether the claim is based on contract, tort, strict liability, or any other legal theory, and even if Takeoff Engine has been advised of the possibility of such damages.
5Third-Party Data, Software Integrations & User Spreadsheet Inputs
Takeoff Engine ingests data from third-party sources (including Bluebeam Revu, PlanSwift, HeavyBid, Trimble/Agtek, CSV, and Excel spreadsheets). Takeoff Engine is not responsible for corrupt formulas, hidden rows, improper unit conventions, mislabeled columns, erroneous measurements, or any other defects present in user-uploaded source files. Takeoff Engine does not verify, validate, or guarantee the accuracy of any third-party data or user-provided inputs. Users are solely responsible for verifying the accuracy and completeness of all imported data before using it for bidding or estimation purposes. Any reliance on third-party data or integrations is at the user's sole risk.
6Client Proposals, Electronic Signatures & Binding Contracts
Proposals and agreements generated through Takeoff Engine are draft commercial documents created at the direction of the contractor and are not legally binding until formally executed by all parties. Takeoff Engine does not provide legal advice and does not warrant that any proposal, contract, or agreement generated through the Service is legally enforceable, compliant with applicable law, or suitable for any particular purpose. Contractors and clients are strongly advised to have all construction contracts, payment milestones, scope inclusions, indemnification clauses, and lien waivers reviewed by licensed legal counsel prior to formal execution. Takeoff Engine shall not be liable for any disputes, claims, or damages arising from the use of proposals or contracts generated through the Service.
7Assumption of Risk
By using Takeoff Engine, you expressly acknowledge and agree that: (a) construction estimating involves inherent uncertainties and risks, including but not limited to inaccurate quantities, price fluctuations, unforeseen site conditions, and changes in project scope; (b) the Service is a tool to assist with estimating and does not replace professional judgment, field verification, or licensed professional services; (c) you assume all risks associated with the use of estimates generated by the Service; and (d) you are solely responsible for all decisions made based on information provided by the Service. You agree that Takeoff Engine shall not be liable for any losses, damages, or injuries resulting from your reliance on estimates, calculations, or other output generated by the Service.
8Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Takeoff Engine, its owners, affiliates, officers, directors, employees, agents, and contributors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of this disclaimer or the Terms of Service; (c) your violation of any rights of another party, including any intellectual property rights; (d) any estimates, bids, contracts, or decisions you make based on information provided by the Service; (e) any construction projects, accidents, injuries, property damage, or deaths resulting from your use of estimates generated by the Service; or (f) your failure to comply with applicable laws, regulations, building codes, or industry standards.
9Regulatory Compliance & Building Codes
Takeoff Engine does not ensure compliance with any federal, state, or local building codes, regulations, zoning laws, environmental regulations, OSHA requirements, ADA requirements, prevailing wage laws, or any other legal or regulatory requirements applicable to construction projects. Users are solely responsible for ensuring that all estimates, bids, and construction activities comply with all applicable laws, regulations, codes, and standards in their jurisdiction. Takeoff Engine makes no representations or warranties regarding the regulatory compliance of any estimates, calculations, or output generated by the Service. Users must independently verify all regulatory requirements and obtain all necessary permits, approvals, and inspections.
10No Professional Relationship
Your use of Takeoff Engine does not create any professional relationship, including but not limited to an attorney-client, engineer-client, architect-client, or consultant-client relationship, between you and Takeoff Engine, its owners, employees, or agents. Takeoff Engine does not provide professional engineering, architectural, legal, accounting, or consulting services. Any information provided by the Service is for informational purposes only and should not be construed as professional advice. If you require professional advice, you should consult a licensed professional in your jurisdiction.
11Force Majeure
Takeoff Engine shall not be liable for any failure or delay in performance, or for any errors or omissions in estimates or calculations, caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, strikes, labor disputes, government actions, power outages, internet outages, telecommunications failures, server failures, cyberattacks, or any other event beyond Takeoff Engine's reasonable control. You acknowledge that missed bid deadlines, lost bids, or other damages resulting from Service interruptions or delays are not the responsibility of Takeoff Engine.
12Statute of Limitations
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Service, estimates generated by the Service, or this disclaimer must be filed within one (1) year after the claim or cause of action accrues, or it shall be permanently barred. This one-year period shall begin to run on the date the claim or cause of action first accrues, regardless of when you discover or should have discovered the claim.
13Changes to This Disclaimer
Takeoff Engine reserves the right to modify this Construction Estimating Legal Disclaimer at any time by posting the updated version on the Service and updating the effective date. Material changes will be communicated through the Service or by email. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated disclaimer. Changes to this disclaimer do not affect the applicability of the disclaimer version in effect at the time estimates were generated.
14Severability & Governing Law
If any provision of this disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. This disclaimer shall be governed by and construed in accordance with the laws of the jurisdiction in which the Takeoff Engine operating entity is organized, without regard to its conflict of law principles. Any disputes arising out of or related to this disclaimer or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in that jurisdiction.