Terms of Service

1. Acceptance of These Terms

These Terms of Service govern your use of this website and, where they are not replaced by a signed agreement, the professional services provided by BriggsB LLC. By visiting this website, submitting an inquiry, or engaging our studio, you agree to these terms. If you do not agree, please do not use the website or our services.

Where a written contract or proposal signed by both parties governs a project, that document controls for that project and these terms apply only to the extent that the signed document does not address the subject. These terms are intended to be clear and fair, and they reflect how a small engineering studio actually works with its clients.

2. Definitions

In these terms, the Company means BriggsB LLC, located at 1118 W Excalibur Way, Ogden - 84401-5111, United States (US). The Client means the person or organization that engages the Company or uses this website. Services means the engineering, inspection, design, rating, staking, feasibility and related work the Company performs. Deliverables means the drawings, reports, calculations, studies, specifications and other materials the Company prepares. Website means this internet site and all of its pages and content.

A Project means the specific structure, site and scope described in a proposal or signed contract. A Proposal means a written offer from the Company that states the tasks, schedule, assumptions and fee for a Project. A Change Order means a written amendment to a Proposal that adds, removes or alters work. A Stamped Document means a drawing or report sealed by a licensed professional engineer. Business Day means a day other than a Saturday, Sunday or public holiday in the State of Utah. Writing includes email where the parties have used email in the ordinary course of the Project. These definitions apply throughout these terms unless a section states a different meaning.

The singular includes the plural and the plural includes the singular where the context allows. Headings are provided for convenience only and do not affect the interpretation of a section. A reference to a law includes that law as amended and any rule or regulation made under it. A reference to a party includes that party successors and permitted assigns. The word including means including without limitation.

3. Scope of Services

The Company provides professional, scientific and technical services in the field of computer integrated systems design and bridge engineering. Specific service lines include bascule span design, pedestrian bridge engineering, structural retrofit assessments, load rating and inspections, construction staking support, and feasibility and cost studies. The exact scope of any engagement is defined in a written proposal or contract that names the tasks, the schedule and the fee.

The Company performs its work with the care and skill ordinarily exercised by reputable engineering professionals under similar circumstances. Unless a proposal states otherwise, the Company does not provide construction services, does not supervise construction means and methods, and does not guarantee the work of contractors or fabricators. Where the Company provides field support, it does so to interpret its own design, not to direct the safety of a construction site.

Each service line carries its own deliverable. Bascule span design produces general arrangement drawings, trunnion and bearing details, a balancing study and a control narrative. Pedestrian bridge engineering produces span selection, framing plans, railing details and foundation design. Structural retrofit assessments produce a condition survey and a ranked repair program. Load rating and inspections produce rating factors and a posting recommendation. Construction staking support produces setting tables and field coordination. Feasibility and cost studies produce a comparison of alternatives with order of magnitude costs and life cycle estimates.

A Proposal identifies the standards, codes and editions that govern the work. Where a code changes after a Proposal is signed, the Company will advise the Client of the effect and, if the Client wishes to adopt the newer edition, will issue a Change Order. The Company may rely on information supplied by the Client without independent verification unless the Proposal states that verification is part of the scope.

4. Permitted Use of This Website

You may use this website for lawful purposes connected to learning about the Company and its services and to contacting the studio. You may view, download and print pages for your own reference. You may quote short passages with attribution. Any other use requires written permission.

You agree to provide accurate information when you complete a form or send a message, and to use contact details that belong to you or that you are authorized to use. You agree not to interfere with the operation of the website, not to attempt to gain unauthorized access to any system, and not to use automated tools to scrape content at a volume that burdens our servers.

5. Prohibited Conduct

The following conduct is not permitted on or through this website or in connection with the Company. This list is illustrative rather than exhaustive.

• Submitting false, misleading or impersonating information.
• Uploading or transmitting malicious code, spyware or any harmful material.
• Attempting to probe, scan or test the vulnerability of the website or its hosting.
• Copying, reproducing or redistributing the Company intellectual property without permission.
• Using the website to send unsolicited advertising or bulk messages.
• Misrepresenting the Company, its services or a relationship with the Company.
• Using the website in a manner that violates any applicable law or regulation.

We may investigate suspected violations and may report unlawful conduct to the appropriate authorities. We may also suspend or terminate access to the website for anyone who violates these terms.

Where the Company publishes a name, telephone number or address, it does so for legitimate business contact. You agree not to use those details to send unsolicited commercial messages, to compile a mailing list, or to harass any member of the studio. The Company reserves the right to block traffic from sources that abuse this website or that place an unreasonable load on it.

6. Proposals, Fees and Payment

Fees for services are stated in a written proposal or contract. Unless the document says otherwise, fees are quoted for the described scope and are exclusive of taxes, permit costs, travel beyond the stated area, and expenses such as laboratory testing or specialized surveys. Additional work that falls outside the agreed scope is handled through a written change order before it begins.

Invoices are payable within the period stated on the invoice. The Company may charge interest on overdue amounts at the rate allowed by law. The Company may suspend work while an invoice remains unpaid, and it may withhold deliverables until payment is received. Amounts already paid for completed work are generally not refundable, because engineering effort cannot be returned. Any deposit required to reserve a review window is applied to the final invoice for the work.

The Company keeps its prices competitive for the quality of professional work it provides. A fee may be stated as a lump sum, as an hourly rate with a not to exceed ceiling, or as a combination of the two. Where a fee is based on an estimate of hours, the Company will notify the Client promptly if the remaining budget is likely to be consumed before the scope is complete, and the Client may then authorize additional work or reduce the scope.

If a Client cancels a scheduled site visit with less than two Business Days of notice, the Company may invoice for the time and travel already committed. If a Client requests work to be expedited, the Company may apply a premium reflected in the Change Order. Third party costs such as laboratory testing, drone survey, printing and permit fees are passed through at cost with supporting documentation unless the Proposal states otherwise.

7. Client Responsibilities

The quality of engineering work depends on the information the Client provides. The Client agrees to furnish accurate site data, prior drawings, inspection reports, applicable codes and permit conditions, and any known defects of an existing structure. The Client agrees to identify hazards at a site before a visit and to provide safe access for the Company staff and any subconsultants.

The Client agrees to designate a point of contact who can make decisions about scope and schedule, and to respond to requests for information within a reasonable time. Delays caused by incomplete information or slow decisions may extend the schedule and may increase the fee. The Client is responsible for obtaining any approvals, permits or third party consents needed for the project, unless the Company has agreed in writing to assist with that task.

8. Deliverables and Professional Standard

Deliverables are prepared for the specific project, site and purpose described in the proposal. A drawing or report prepared for one structure is not suitable for another, and the Client agrees not to reuse Deliverables on a different site without written confirmation from the Company. Where a deliverable is stamped by a licensed engineer, the stamp applies to the scope and conditions stated in the document.

The Company retains its working files, models, calculations and notes. The Client receives the Deliverables described in the proposal, in the format described there. Electronic files are provided as a convenience, and the signed or sealed document governs in the event of any discrepancy between formats. The Company is not responsible for changes made to a Deliverable by another party after it is issued.

The Company will correct errors in a Deliverable at no charge when the error results from the Company work and is reported within a reasonable time. The Company will consider a request for additional services beyond the original scope under a new Change Order. A Deliverable does not include quantity takeoffs for bidding, shop drawings, or the review of a contractor temporary works unless the Proposal names those items. When the Company reviews a shop drawing, the review confirms general conformance with the design intent and does not relieve the contractor of responsibility for dimensions, fabrication means or site safety.

9. Intellectual Property

All content on this website, including text, graphics, layout, the bascule span motif, code and the studio name BriggsB LLC, is owned by the Company or used with permission and is protected by applicable intellectual property law. You receive no ownership interest through your use of the website.

For client projects, the Company grants the Client a license to use the Deliverables for the project described in the proposal, including construction, operation and maintenance of the structure. The Company retains ownership of its standard details, methods, templates and know how, and may use them on other projects. Nothing in these terms transfers the Company pre existing intellectual property to the Client.

10. Confidentiality

Each party agrees to protect the confidential information of the other. Confidential information includes non public project data, business plans, pricing and technical methods. A party may use confidential information only to perform its obligations and may disclose it only to those who need it and are bound to protect it.

Confidential information does not include material that is already public, that a party independently develops, that a party lawfully receives from a third party, or that the law requires a party to disclose. If a party must disclose confidential information by law, it will give the other party prompt notice where that is lawful. These obligations survive the end of the engagement.

11. Third Party Materials

This website may refer to third party codes, standards, products or services. Such references are provided for context and do not constitute an endorsement. The Company is not responsible for the content, performance or availability of third party websites linked from these pages. Standards and codes referenced in a deliverable are the versions identified in that deliverable, and the Client is responsible for confirming that the current edition has been applied.

12. Disclaimer of Warranties

This website and its content are provided on an as available basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non infringement, with respect to the website. The Company does not warrant that the website will be uninterrupted, secure or free of error.

Professional services are provided under the standard of care described in these terms and in the project proposal. The Company does not warrant a particular outcome, a specific construction cost, a permitting result or the performance of any contractor. Any statement about cost or schedule in a feasibility study is an estimate based on the information available at the time and is not a guarantee.

The Client understands that engineering involves judgment and that field conditions can differ from those assumed in a report. Where a design depends on a test result, a survey or a geotechnical recommendation, the design is valid only if that underlying information is accurate. The Company is not liable for a failure caused by a condition it could not reasonably have discovered or by material that was concealed at the time of inspection.

13. Limitation of Liability

To the fullest extent permitted by law, the Company will not be liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, loss of data or business interruption, arising from or related to the website or the services, even if the Company has been advised of the possibility of such damages.

To the fullest extent permitted by law, the total aggregate liability of the Company for all claims arising from or related to a project will not exceed the total fees actually paid to the Company for that project. Some jurisdictions do not allow certain limitations, so part of this section may not apply to you. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for willful misconduct.

The parties agree that this allocation of risk reflects the fee paid for the professional services and the insurance that the Company carries. The Client is encouraged to maintain its own insurance for the structure, including property coverage and any coverage the Client deems appropriate for business interruption. The Company is not an insurer of the structure and does not assume the risk of loss to property.

14. Indemnification

The Client agrees to indemnify and hold harmless the Company and its members, employees and subconsultants from claims, damages, losses and expenses, including reasonable legal fees, that arise from the Client provision of inaccurate or incomplete information, from the Client failure to obtain a required approval, from hazardous site conditions the Client did not disclose, or from the Client use of a Deliverable outside the stated scope. The Company agrees to indemnify and hold harmless the Client from claims arising from the Company gross negligence or willful misconduct in performing the services.

15. Suspension and Termination

Either party may terminate an engagement as provided in the project contract or, if the contract is silent, upon written notice. If the Client terminates, the Client pays for all work performed and all expenses committed through the date of termination. If the Company terminates for cause, the Company provides the work product completed to that date upon payment of the outstanding balance.

The Company may suspend or terminate access to this website at any time for conduct that violates these terms. Sections that by their nature should survive termination, including confidentiality, intellectual property, warranty disclaimers, liability limits, indemnification and governing law, will continue to apply after the relationship ends.

16. Force Majeure

The Company is not responsible for a delay or failure to perform caused by events beyond its reasonable control. Such events include natural disasters, severe weather, flood, wildfire, epidemic, war, civil unrest, labor action, utility or network failure, and government action. The Company will notify the Client of a qualifying event, will make reasonable efforts to resume performance, and will be excused from obligations for the duration of the event. Fees for work already performed remain payable.

17. Governing Law and Disputes

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules. The parties agree to attempt to resolve any dispute through good faith discussion before pursuing formal action. If discussion does not resolve the matter, the parties agree that the exclusive venue for any legal proceeding is the state or federal courts located in Utah, and each party consents to the jurisdiction of those courts.

Before filing a claim, the parties agree to consider mediation with a neutral third party. This step is intended to preserve working relationships and to resolve concerns efficiently. Nothing in this section prevents either party from seeking urgent injunctive relief where that is necessary to protect rights or safety.

18. Changes to These Terms

The Company may revise these Terms of Service from time to time. When a material change is made, the effective date at the top of this page is updated, and a more prominent notice may be provided where appropriate. The terms posted on this website at the time of your use are the terms that apply to that use. Your continued use of the website after a change means that you accept the revised terms.

19. Contact Information

Questions about these Terms of Service, or about a project engagement, may be directed to the Company using the details below. We welcome the chance to clarify any point.

These terms, together with any signed project contract and the Privacy Policy, form the entire agreement between the parties on the subjects they cover. If any provision is found unenforceable, the remaining provisions stay in effect. A failure to enforce a provision on one occasion is not a waiver of the right to enforce it later.