Terms of Use and Service Terms

These Terms of Use and Service Terms govern access to the Build Arbiter website and the purchase or use of Build Arbiter services. By using the website, submitting an enquiry, purchasing a service or accepting a written engagement, you agree to these Terms.

1. Build Arbiter

Build Arbiter provides practical construction-record, project-documentation and evidence-review services.

Contact: [email protected] · (832) 291-8444

2. Website Information

Website content is provided for general informational purposes. It does not create a professional engagement and should not be treated as a project-specific opinion.

Submitting a form, sending an email or speaking with Build Arbiter does not by itself create an engagement.

An engagement begins only when Build Arbiter accepts the matter, the agreed fee is paid or other written payment terms are accepted and the applicable scope is confirmed.

3. Services

Build Arbiter may provide:

• Priority Construction Evidence Triage
• Rapid Issue Review
• Evidence Review Report
• Project Record Rescue
• Weekly Project Record Assurance
• Other construction-record or project-documentation services agreed in writing

The exact scope, fee, timetable and deliverable may vary according to the matter.

4. Priority Construction Evidence Triage

The Priority Construction Evidence Triage is a focused initial review of one defined construction, payment or documentation issue.

Unless otherwise agreed in writing, it includes:

• One 30-minute initial consultation
• Review of up to 10 key files containing no more than 30 pages in total
• Review of up to 20 relevant photographs
• A concise one-to-two-page written findings and priority-action summary
• Identification of the three actions requiring the most immediate attention

Material exceeding those limits or involving multiple substantial issues may require a separately quoted service.

5. Delivery Period

The two-business-day delivery period begins only after:

• Payment has been received
• The initial consultation has been completed
• All agreed information has been received in usable form

Business days are Monday through Friday, excluding US federal holidays.

Information received outside normal business hours may be treated as received on the next business day.

Build Arbiter will notify the client if unexpected circumstances materially affect the expected delivery date.

6. Client Responsibilities

The client is responsible for:

• Providing accurate and complete information
• Identifying relevant deadlines
• Preserving original records
• Providing documents in a readable and organized form
• Disclosing material facts that may affect the review
• Obtaining legal, engineering, architectural, accounting or other licensed advice where required

Build Arbiter may rely on the information provided and is not responsible for undisclosed, inaccurate, altered or incomplete information.

7. No Legal or Licensed Professional Advice

Build Arbiter is not a law firm and does not provide legal advice, legal representation or attorney-client privilege.

Build Arbiter does not provide engineering certification, architectural certification, code-compliance certification, accounting advice, insurance-adjusting services or other services requiring a professional license unless expressly stated in a separate written agreement and provided by a properly licensed person.

8. No Guaranteed Result

Build Arbiter does not guarantee:

• Payment
• Recovery
• Settlement
• Dispute resolution
• Acceptance of evidence
• Contractual entitlement
• Legal success
• Project completion
• A decision by an owner, contractor, insurer, court, arbitrator or other third party

Findings reflect the material available at the time of review.

9. Fees and Payment

Prices displayed on the website apply only to the stated scope.

Larger, urgent or more complex matters may require a separate written quotation.

Payments may be processed by Stripe or another approved payment provider.

Build Arbiter does not receive or store complete payment-card numbers through its public website.

The Refund and Cancellation Policy forms part of these Terms.

10. Confidentiality

Build Arbiter treats client enquiries and project material as confidential and limits access to people involved in providing the agreed service.

Confidentiality does not create attorney-client privilege.

Build Arbiter may disclose information where reasonably necessary to:

• Provide the agreed service
• Use approved technology or professional service providers
• Comply with law, court order or regulatory requirements
• Protect Build Arbiter, the client or another person from fraud, unlawful activity or immediate harm

11. Document Submission

Clients must follow the document-submission instructions provided by Build Arbiter.

Do not submit Social Security numbers, complete bank-account details, payment-card information, passwords or unrelated sensitive personal information.

Build Arbiter may decline or delete unnecessary sensitive information.

12. Client Materials

The client retains ownership of documents and information supplied to Build Arbiter.

The client grants Build Arbiter permission to review, organize, reproduce and process those materials solely as reasonably necessary to provide the agreed service, maintain business records, comply with legal obligations and protect legitimate business interests.

13. Build Arbiter Materials

Build Arbiter retains ownership of its:

• Templates
• Formats
• Review methods
• Checklists
• Written frameworks
• Branding
• Website content
• Internal processes

The client may use the final deliverable for the client’s own project, business decision-making and professional consultation.

The client may provide the completed deliverable to relevant project participants, insurers, consultants or legal counsel.

The client may not resell, publish, rebrand or commercially distribute Build Arbiter templates or proprietary materials without written permission.

14. Third-Party Services

The website and services may rely on third-party providers such as Stripe, website hosting, email, file transfer and document-processing services.

Those providers operate under their own terms and privacy policies.

Build Arbiter is not responsible for an outage, failure or action outside its reasonable control but will take reasonable steps to protect client interests and restore service.

15. Website Use

You may not:

• Attempt unauthorized access
• Interfere with the website
• Upload malicious code
• Misrepresent your identity or authority
• Use the website for unlawful activity
• Copy or commercially exploit website content without permission

16. Disclaimer of Warranties

To the extent permitted by law, the website and services are provided on an “as available” basis.

Build Arbiter does not warrant that the website will be uninterrupted, error-free or suitable for every matter.

Nothing in these Terms excludes a right that cannot lawfully be excluded.

17. Limitation of Liability

To the extent permitted by law, Build Arbiter will not be liable for indirect, incidental, special, punitive or consequential losses, including lost profit, lost opportunity or losses resulting from decisions made by third parties.

Build Arbiter’s total liability arising from a paid service will not exceed the amount paid to Build Arbiter for the specific service giving rise to the claim.

This limitation does not apply where liability cannot lawfully be limited.

18. Termination or Refusal of Service

Build Arbiter may decline, suspend or terminate a matter when:

• The matter is outside Build Arbiter’s scope
• Required information is not provided
• The client requests unlawful or misleading conduct
• A conflict or professional concern arises
• The client behaves abusively or threatens staff or service providers
• Payment is reversed or remains unpaid

Where practical, Build Arbiter will explain the reason and apply the Refund and Cancellation Policy.

19. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Any court proceeding must be brought in a court of competent jurisdiction in the Texas county where Build Arbiter’s principal business office is located, unless applicable law requires otherwise.

20. Changes

Build Arbiter may update these Terms when services, technology or legal requirements change.

The current version will be posted on this page with its effective date.

21. Contact

Questions regarding these Terms may be sent to:

[email protected] · (832) 291-8444