Limitation of Liability

Gray & Associates Construction, LLC provides consulting and advisory services only. All recommendations, quantity takeoffs, hard cost budgets, procurement assistance, bid evaluations, schedules, and related deliverables are based solely upon the plans, specifications, documents, subcontractor proposals, pricing information, and other information made available at the time the services are performed.

 The Client acknowledges and agrees that Gray & Associates Construction, LLC is not responsible for the accuracy or completeness of the plans, specifications, engineering, architectural documents, subcontractor quotations, supplier pricing, or information provided by third parties.

The Client remains solely responsible for:

  • Final bid submissions

  • Acceptance or rejection of subcontractor proposals

  • Contract negotiations and subcontract awards

  • Material purchases

  • Vendor and supplier selection

  • Project scheduling during construction

  • Means, methods, techniques, sequences, and procedures of construction

  • Site safety

  • Field supervision

  • Project management

  • Construction quality control

  • Compliance with applicable laws, codes, and regulations

  • Final project costs, profitability, and project outcomes

 

Gray & Associates Construction, LLC does not warrant or guarantee that any project will be awarded, completed within a particular budget, completed within a specified schedule, or achieve any particular financial result. Gray & Associates Construction, LLC shall not be liable for subcontractor performance, supplier performance, material price fluctuations, design revisions, unforeseen site conditions, delays, omissions or errors contained within the construction documents, permitting delays, labor shortages, acts of third parties, or any consequential, incidental, indirect, special, punitive, or lost-profit damages.

 To the fullest extent permitted by Alabama law, the total cumulative liability of Gray & Associates Construction, LLC arising out of or relating to any services performed shall not exceed the total fees actually paid by the Client to Gray & Associates Construction, LLC under the applicable service agreement.

Governing Law & Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law principles.

 The parties agree that any claim, dispute, or legal proceeding arising out of or relating to this Agreement or the services provided by Gray & Associates Construction, LLC shall be brought exclusively in a state or federal court of competent jurisdiction located in the State of Alabama. The parties consent to the exclusive jurisdiction and venue of such courts.

To the fullest extent permitted by applicable law, the prevailing party in any action or proceeding arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys' fees, court costs, expert witness fees, and other litigation expenses from the non-prevailing party.