Terms of Service

Last updated: June 2026

These Terms govern engagements between you (the Client) and Vortex Estimating LLC (Vortex, we, us). By submitting a request, paying an invoice, or accepting a quote, you agree to these Terms.

1. Scope of Services

Vortex provides construction estimating and quantity takeoff services, including conceptual estimates, detailed bid-ready estimates, change-order pricing, and value-engineering review. The exact scope is described in the quote you accept. Anything outside that scope is a separate engagement, costed before we begin.

2. Quotes & Acceptance

Quotes are valid for thirty (30) calendar days unless stated otherwise. A quote becomes an engagement when (a) the Client accepts in writing (including email), and (b) the deposit, if any, has cleared.

3. Fees, Payment & Late Charges

Fees are quoted in U.S. dollars. Unless agreed in writing, payment is due net-7 from invoice date. We accept ACH, wire, and major credit cards. Past-due balances accrue interest at the lower of 1.5% per month or the maximum allowed by law. We may pause work on past-due accounts.

4. Client Deliverables & Information

The Client is responsible for providing complete, current, and legible drawings, specifications, and supporting documents, and for designating a single point of contact for clarifications. Delays caused by incomplete information may shift the delivery date and may incur additional fees.

5. Revisions & Out-of-Scope Work

The quoted fee includes one (1) round of clarifications and corrections within seven (7) calendar days of delivery. Additional revisions, design changes after delivery, or expansions in scope are billed at our then-current hourly rate.

6. Ownership of Work Product

Upon receipt of full payment, the Client owns the final deliverables produced by Vortex for that engagement and may use them for the project for which they were prepared. Vortex retains ownership of its proprietary methodologies, cost databases, templates, and tools. We may show non-confidential excerpts in our portfolio unless the Client requests in writing that we not.

7. Confidentiality

Both parties will protect each other's confidential information using the same care they use for their own, and at least reasonable care. We will not disclose Client documents or pricing data outside our team without written consent, except as required by law or in connection with the engagement.

8. Estimate Accuracy & Limitations

Estimating is an informed forecast, not a guaranteed price. We use industry-standard methods, current cost data, and reasonable assumptions stated in the deliverable. Actual project cost can vary based on bid climate, contractor selection, scope changes, market volatility, schedule, and other factors outside our control. The Client is responsible for verifying assumptions before bidding, contracting, or financing decisions.

9. Limitation of Liability

To the maximum extent permitted by law, Vortex's total cumulative liability arising out of or related to a given engagement will not exceed the fees actually paid to Vortex for that engagement. Vortex will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits or lost opportunity.

10. Indemnification

Each party will indemnify the other for third-party claims arising from its own gross negligence, willful misconduct, or breach of these Terms. The indemnifying party will defend, and pay reasonable settlements approved in writing, of those claims.

11. Termination

Either party may terminate an engagement with written notice. The Client is responsible for fees earned through the termination date and for non-cancellable third-party costs already committed.

12. Force Majeure

Neither party is liable for failure or delay caused by events beyond reasonable control — including but not limited to acts of God, war, terrorism, civil unrest, pandemic, fire, flood, severe weather, labor disputes, or failures of essential utilities or service providers.

13. Independent Contractor

Vortex is an independent contractor. Nothing in these Terms creates an employment, partnership, joint-venture, agency, or fiduciary relationship between the parties.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. The parties will attempt good-faith negotiation for thirty (30) days before either party commences formal proceedings. Any unresolved dispute will be brought exclusively in the state or federal courts located in El Paso County, Colorado.

15. Changes to These Terms

We may update these Terms from time to time. Material changes apply only to engagements commenced after the change takes effect; in-flight engagements stay governed by the Terms in force when the quote was accepted.

16. Contact

Questions about these Terms? Write to [email protected] or call (719) 402-6501.