Professional Engineering Services Agreement

Effective Upon Purchase

This Professional Engineering Services Agreement (“Agreement”) governs all purchases of architectural and structural engineering plans (“Plans”) from Mended Oak Design and Engineering LLC, located at 320 S. Buck Board Drive, Saint Johns, Florida 32259, email jalexander@themendedoak.com (“Engineer”).

By purchasing, downloading, or using any Plans from this website, the purchaser (“Client”) agrees to be bound by this Agreement.

1. Project

The Project consists of providing architectural and structural engineering plans for the Client’s use in constructing one (1) structure. Each purchase grants a license for a single build only.

2. Scope of Services

Engineer shall provide:

  • Preparation of engineering drawings, specifications, and calculations intended to comply with applicable codes and standards, including the Florida Building Code – Residential (2023).
  • Coordination with local governing authorities, building officials, plan reviewers, and inspectors limited to engineering‑related matters.
  • Clarification of engineering intent during construction and inspections, as needed.
  • Technical responses to the Authority Having Jurisdiction (AHJ) limited to engineering matters only.

Engineer shall NOT:

  • Supervise or direct construction.
  • Control or direct construction means, methods, techniques, sequences, or procedures.
  • Guarantee performance of contractors, subcontractors, suppliers, or vendors.
  • Be responsible for undisclosed, concealed, or unforeseen site conditions.
  • Provide construction supervision or site‑safety oversight.
  • Be responsible for decisions, interpretations, or approval outcomes made by the AHJ.
  • Provide permit expediting or representation beyond technical clarification.

3. Responsibilities of Client

Client (or Client’s contractor) is responsible for:

  • Providing accurate and complete information, including existing plans, site conditions, and prior engineering documents.
  • Construction means, methods, techniques, sequences, and procedures.
  • All safety precautions and programs during construction.
  • Execution of the plans and specifications.
  • Inspector‑directed field corrections.
  • Coordination with contractors, subcontractors, and other construction professionals.
  • Coordination with local governing authorities, building officials, plan reviewers, and inspectors.
  • Compliance with all applicable laws, codes, and regulations.

Client acknowledges that Engineer has no responsibility for construction supervision or site safety.

4. Standard of Care

Engineer shall perform services consistent with the professional skill and care ordinarily exercised by engineers practicing under similar circumstances. No warranties, express or implied, are provided.

5. Ownership and Use of Documents

Engineer retains ownership of all drawings, specifications, and documents. Client receives a limited, non‑transferable license to use the Plans for one (1) construction project only.

Documents may not be reused, resold, or modified without Engineer’s written consent.

6. Compensation

The purchase price covers the Plans as delivered.

Architectural and engineering revisions will be billed at not less than $1 per square foot of changes in the floor plan. 

Further additional services, if requested by Client, will be billed at $125/hour, including but not limited to:

  • Elective revisions
  • Additional documents
  • Revisions due to contractor or subcontractor errors
  • Revisions required due to undisclosed or unforeseen conditions

Corrections due to Engineer’s own errors or omissions, and clarification of engineering intent, are provided at no cost.

7. Limitation of Liability

To the fullest extent permitted by law, Engineer’s liability to Client for any claims arising out of this Agreement is limited to the total amount paid by Client for the Plans.

Engineer shall not be liable for:

  • Consequential damages
  • Delays
  • Costs arising from failure to follow the Plans
  • Contractor or inspector deviations
  • AHJ decisions or interpretations

8. Indemnification

Client agrees to indemnify, defend, and hold harmless Engineer from claims, damages, or losses arising out of:

  • Construction means, methods, techniques, sequences, or procedures
  • Site safety
  • Execution of the work

This indemnification does not apply to claims arising from Engineer’s own negligence.

9. Termination

Client may discontinue use of the Plans at any time. Engineer may terminate support services with 3 days’ written notice. Client remains responsible for payment for services performed up to the termination date.

10. Governing Law

This Agreement is governed by the laws of the State of Florida.

11. Entire Agreement

This Agreement constitutes the entire understanding between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.