Terms and Conditions

In the event that Infrastructure Technologies Inc. is bound by the terms of a Prime Agreement with the client/Owner, Infrastructure Technologies Inc. shall be provided with a complete copy of this agreement for our review and comment, prior to the execution of the agreement.

Any items that are not specifically stated in the above proposed services are to be considered excluded from this agreement, and if requested, will constitute an additional service.

No deductions will be made from the compensation on account of any penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the project.
In the event of any dispute, claim, question or controversy arising out of this agreement, its performance, breach and/or interpretation, the same will be determined by arbitration pursuant to the Construction Industry Arbitration Rules of the American Arbitration Association.

If the project is suspended in whole or in part for a period of more than ninety (90) days and subsequently resumed, Infrastructure Technologies Inc. will be entitled to an equitable adjustment of our fee for basic services.

If the project design schedule or construction schedule exceeds the schedule in this proposal by more than ninety (90) days, the balance of the fee and outstanding invoices of more than 60 days shall be escalated 8% per annum.

Infrastructure Technologies Inc. will not be responsible for or be liable in any way with the discovery, presence, handling, removal, disposal of or exposure of persons to hazardous materials in any form at the project.

Infrastructure Technologies Inc. will not be responsible for the acts or omissions of the contractor, subcontractors or any other persons performing any of the work or for the failure of any of these parties to carry out the work in accordance with construction documents.

This agreement may be terminated by either party upon fourteen (14) days written notice in the event that the other party fails substantially to perform its obligations under this agreement through no fault of the party initiating the termination. Infrastructure Technologies Inc. will be paid for all services rendered up to and including the date of termination.

Drawings, calculations and specifications as instruments of service are and will remain at all times the exclusive property of Infrastructure Technologies Inc. Associates, whether the project for which they are made is executed or not. The instruments of service are not to be used by the client and/or Owner for other projects or extensions to this project except by written agreement between and with appropriate compensation to Infrastructure Technologies Inc.

Infrastructure Technologies Inc. will not be liable to redesign to meet the project budget costs unless this is a pre-condition of the contract and Infrastructure Technologies Inc. has agreed to the project budget costs.

Reimbursable Expenses

Reimbursable expenses will include the following:

• Out of town travel and travel related expenses (hotels, meals, car rental, taxis, etc.).
• Long distance telephone charges.
• Messenger service and express mail.
• Document printing, reproduction and plotting costs.
• Specialty consultants (if required and approved by the client).
• Services of systems testing agencies (if required and approved by the client).