RELEASE FROM GENERAL LIABILITY

Castle Golden Design, LLC endeavors to create the finest house plans modeled by 2D/3D software. Castle Golden Design, LLC will produce models and drawings that will be customized as needed, with options to aid in the decision making. What is important is that the final product is as expected. Visualizing the end product of a construction project is difficult when done from 2D plans. Castle Golden Design, LLC can help understand and visualize the functional and aesthetic details of the project.

We make dreams visible.

The models, are provided solely for demonstrative and illustrative purposes to the client(s), and to provide the details to aid the Builder/GC in submitting the permit. Furthermore, Castle Golden Design, LLC and it’s staff are NOT architects nor engineers  and make no representation to having special knowledge concerning the structural integrity needed for construction.

RELATIONSHIPS:

Castle Golden Design, LLC’s role is as a sub-contractor to the builder/GC, all contracts signed by Castle Golden Design, LLC are between Castle Golden Design, LLC and the builder/GC only.  Castle Golden Design, LLC has no contractual obligations with the client(s).  Castle Golden Design, LLC may meet with the client(s) for the purposes of understanding the client(s) needs and to collect the measurements necessary for the project and to present the model to the client(s).  Castle Golden Design, LLC’s contact with the client(s) is solely for the benefit and convenience of the builder/GC.

SPECIFIC LIABILITY:

Castle Golden Design, LLC will be responsible for errors and omissions, but only in relation to details that were provided by the Builder/GC, or mistakes that Castle Golden Design, LLC commits concerning measurements.  For example, the specs provided to Castle Golden Design, LLC request a 5’ x  7’ bath and Castle Golden Design, LLC modeled a 4’ x  8’ bath.  Castle Golden Design, LLC would be liable for this error, however, this liability would be limited to not exceed the overall fees paid to Castle Golden Design, LLC or the fees paid to Castle Golden Design, LLC for that phase, depending on the severity of the error.

STRUCTURE AND CODE:

If these models are used for permit submission it is solely for the convenience of the builder/GC on the behalf of the client(s). These models should be verified to ensure they are structurally safe and accurate for construction.  Castle Golden Design, LLC makes no warranty that these models comply with any building codes, even if they are approved for permit and/or stamped by an architect or structural engineer.

Castle Golden Design, LLC is not liable for blueprint interpretation, or the structural integrity of buildings built from these models. We provide models that might be used for construction purposes but do not oversee the construction and cannot verify that the structure is built to necessary standards and local codes.  The details given in the models do not constitute the full set of details required to construct this project.

These models were drawn to comply with building codes to the best of our limited ability as non-licensed professionals. Castle Golden Design, LLC does NOT guarantee compliance as codes and regulations are constantly changed or updated. It is the responsibility of the builder/GC to obtain any and all structural analysis, engineering and specifications that may be required in the municipality in which it is to be built.  These details may be used by

Castle Golden Design, LLC as part of the model and permit documents without Castle Golden Design, LLC incurring liability for such usage.
 

LIMITED CONTENT OF CONSTRUCTION DOCUMENTS

The limited content of the architect’s drawings is more explicitly addressed in The Architect’s Handbook of Professional Practice, 13th Ed., in Section 13.4, “ Construction Documents Production,” wherein it states: “It is important that all parties understand that construction documents are not intended to be a complete set of instructions on how to construct a building. Construction means, methods, techniques, sequences, procedures, and site safety precautions are customarily assigned as responsibilities of the contractor to give the contractor full latitude in

preparing bids and carrying out the construction phase.”

CHANGES:

Any minor or required changes or modifications to this model, for any reason, should be reviewed by an architect or engineer. Castle Golden Design, LLC accepts no responsibility for the quality and completeness of any changes attempted, by Castle Golden Design, LLC, or others. Please remember that even a simple change to one area of a home can greatly affect many other areas in the home and must be reviewed by a qualified professional to fully understand the ramifications of any change or modification

WARRANTIES:

These models are provided to the builder/GC AS IS and Castle Golden Design, LLC disclaims any and all warranties with respect to these models, whether express or implied or arising by custom or trade usage, and specifically make no warranty of merchant ability or fitness for any particular purpose.  Under no circumstances will Castle Golden Design, LLC, it’s staffers, or sub-contractors, be liable for any damages, whether arising from tort or contract, including loss of data, lost profits, cost of cover, or other special, incidental, consequential or indirect damages arising out of the use of these models.  Castle Golden Design, LLC disclaims all warranties express or implied and is not liable for indirect damages of any kind including loss of anticipated profits,  opportunity or other losses that may result through usage of  these CAD models.

VERIFICATION:

These models should be verified to ensure they are structurally safe and accurate for construction.

The builder/GC is responsible to assure the accuracy and code compliance with current codes and regulations. The builder/GC shall be responsible for verifying the construction details necessary to construct a sound, livable, usable building/addition/renovation.

The builder/GC should verify all lot conditions and should verify that the dimensions in these models are accurate or free of discrepancies before construction.

MATERIAL AND PRODUCT SIMULATION:

Unless stated otherwise in the contract, all materials and products are simulations only and while close, may not match the real world version.  The builder/GC should provide samples of the materials for the client's final approval in the field prior to placement.

RIGHT TO PLANS:

The builder/GC acknowledge that they, or their client(s), have all the rights necessary to the plan(s) that have been provided to Castle Golden Design, LLC for the creation of 2D/3D models that may be used to assist in the construction of the buildings represented by the plan(s). The builder/GC acknowledge that they are aware of  Circular 41, Copyright Claims in Architectural Works  concerning the copyright of architectural works.

The builder/GC assume full responsibility for any challenges to the right to use the plan(s).  The builder/GC will provide affirmation of this disclaimer and make appearance(s) to give support to Castle Golden Design, LLC’s defense against any such challenges.  The Builder/GC will also give affirmation that the client(s) have made these assurances that they have the necessary rights to the plan(s).  The Builder/GC will provide affirmation of this assurance by the client(s) and make appearance(s) to give support to Castle Golden Design, LLC’s defense against any such challenges.

SUBMISSION OF PRINTS and PERMITS:

Castle Golden Design, LLC may provide the builder/GC with a PDF layout of the documentation for permit submission.  It is the builder/GC’s responsibility to review and verify that the PDF is suitable for printing and submission for permit. 

Castle Golden Design, LLC can not be held responsible for the cost of wasted prints and/or wasted permit fees and/or lost time due to flaws in the PDF documentation.  When the builder/GC sends the PDF to be printed and/or submits the prints for permit then the PDF is deemed acceptable and Castle Golden Design, LLC’s task has been performed successfully.

COPYRIGHT OWNERSHIP

All documents created by Castle Golden Design, LLC are copyrighted by Castle Golden Design, LLC.  The copyright for these drawings will be transferred to the builder/GC only when drawings marked "for construction" are issued and all fees have been paid.

RELEASE:

By acceptance of this proposal the builder/GC releases Castle Golden Design, LLC from any and all general liability concerning structural integrity and/or structural details and/or code compliance.  This release of liability also extends to any claims made by third parties on the builder/GC’s behalf or against the builder/GC. This release does not extend to specific liability for errors and omissions committed by Castle Golden Design, LLC.