1. The Construction Documents have been prepared by JWB with skill and care. However, they have been developed without knowledge of, or reference to, YOUR specific site or geographical location. Site conditions such as, but not limited to, frost line/depth, soil bearing capacity, seismic and wind zones, and exposures vary. Local code requirements for life-safety such as, but not limited to, stair width, stair rise and run, egress windows, smoke detectors and the like vary. Strength of materials (such as lumber) available locally may vary. Therefore, it is YOUR responsibility to consult with a local builder, architect or structural engineer to determine whether or not the construction documents meet all current federal, state/provincial and local codes, ordinances/by-laws and regulations and are appropriate to site conditions. COMPLIANCE WITH SUCH REQUIREMENTS SHALL TAKE PRECEDENCE OVER, AND SUPERCEDE INCONSISTENT INFORMATION, IF ANY, SHOWN ON THE CONSTRUCTION DRAWINGS OR MISSING FROM SUCH CONSTRUCTION DRAWINGS.
2. Use of the construction drawings without adaptation to local codes, standards, site conditions and other factors is at YOUR sole risk. JWB assumes no responsibility for changes made by others in the construction documents. To the fullest extent permitted by law, YOU agree to release, defend, indemnify and hold JWB harmless from all claims, suits, liabilities, losses, costs, damages and expenses including, but not limited to attorneys' fees and defense costs.
3. Prior to the start of construction, it shall be YOUR responsibility (through your builder or contractor) to check all dimensions and details and to verify their conformance with all governing code requirements for the geographic area in which the project will be built. All structural, mechanical and electrical requirements shall also be reviewed and verified before construction begins.
4. JWB has not been contracted for construction supervision or observation of any kind and assumes no responsibility for the quality of the construction performed by YOUR contractor or for determining whether or not the actual construction conforms to the requirements of the construction documents or applicable codes. JWB similarly has no responsibility for YOUR contractor's construction means, methods, techniques, sequences, procedures or safety precautions in connection with the construction of the project.
5. IN NO EVENT SHALL JWB BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABLILITY TO USE THE CONSTRUCTION DOCUMENTS OR SERVICES PROVIDED BY JWB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT JWB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. No other agreements exist between YOU and JWB unless in writing and signed by both parties. YOU and JWB agree that the venue for resolution of disputes arising out of this Agreement, if any, shall be in Douglas County, in the State of Colorado, and such resolution shall be via binding arbitration according to the then-current Construction Industry Arbitration Rules of the American Arbitration Association. Awards, if any, shall be enforceable in any court of competent jurisdiction.