Effective Date: October 24, 2026
Last Updated: October 24, 2026
1. Introduction
Welcome to OPUS Consultants LLC (“OPUS,” “we,” “us,” or “our”).
OPUS Consultants LLC is a limited liability company registered in the State of Colorado, United States, providing construction estimating, preconstruction support, drafting, shop drawings, BIM services, procurement support, project scheduling, bid leveling, and related construction consulting services.
Our website, https://opus-consultants.com, provides information about our services and allows prospective and existing clients to contact us, request quotations, and inquire about project support.
These Terms & Conditions (“Terms”) govern your access to and use of our website and the services we provide.
By accessing our website, submitting an inquiry, requesting a quotation, accepting a proposal, or engaging our services, you acknowledge that these Terms may apply to your interaction with OPUS.
Project-specific proposals, service agreements, approved quotations, and other written agreements may establish additional or different conditions for a particular engagement. Where a signed agreement or accepted proposal expressly conflicts with these Terms, the project-specific agreement will control to the extent of that conflict, subject to applicable law.
If you do not agree with the terms applicable to your use of our website or services, you should discontinue the relevant use or engagement.
2. About OPUS Consultants LLC
OPUS Consultants LLC is a U.S.-registered construction support and consulting business serving contractors, subcontractors, construction companies, developers, and other business clients.
Our principal business address is:
OPUS Consultants LLC
1500 N Grant Street, Suite R
Denver, Colorado 80203
United States
General inquiries: info@opus-consultants.com
United States and Canada: +1 (720) 803-6459
United Kingdom: +44 7445 941570
Website: https://opus-consultants.com
Our services may be delivered remotely and digitally to clients in the United States, Canada, the United Kingdom, and other locations, subject to the scope of the engagement and applicable law.
Unless expressly stated in a written agreement, OPUS does not represent that every service is available in every jurisdiction or that it maintains a separately incorporated entity or permanent establishment in every country in which its clients operate.
3. Scope of Services
OPUS provides construction-related professional support and technical services. The precise scope of any engagement will depend on the client's requirements, the information supplied, the accepted quotation, and any applicable written agreement.
Our services may include the following.
3.1 Construction Cost Estimation and Quantity Takeoffs
We may provide:
- Material quantity takeoffs.
- Labor quantity takeoffs and labor-hour calculations.
- Construction cost estimates.
- Material and labor pricing.
- General contractor and subcontractor estimates.
- Residential, commercial, industrial, renovation, addition, and fit-out estimates.
- Architectural, structural, civil, mechanical, electrical, plumbing, and other trade-related estimating support.
- Construction scope reviews and quantity verification.
- Budgetary estimates and preliminary cost assessments.
- Bid preparation support.
- Cost breakdowns, schedules of quantities, and estimating spreadsheets.
- Color-coded PDF takeoff markups and related deliverables.
The level of detail, pricing methodology, inclusions, exclusions, and deliverable format will be determined by the relevant proposal or project instructions.
Unless specifically agreed otherwise, estimates are prepared using the available drawings, specifications, project information, pricing sources, historical data, and assumptions considered appropriate for the engagement.
An estimate is not a guarantee of the final construction cost, actual material consumption, subcontractor quotation, market price, or amount ultimately awarded by a client or general contractor.
3.2 Shop Drawings and Technical Drafting
Our drafting and drawing services may include:
- Architectural drafting.
- Structural and miscellaneous steel shop drawings.
- Steel fabrication and erection drawings.
- Millwork and casework drawings.
- Glazing and façade drawings.
- Mechanical, electrical, and plumbing drafting support.
- Coordination and detailing drawings.
- BIM-related modeling and drawing production.
- Installation and fabrication details.
- Issued-for-construction or other drawing packages where expressly included in the agreed scope.
- Drawing revisions and coordination support.
The applicable drawings, specifications, engineering criteria, design responsibility, level of detail, and intended use must be established for each engagement.
The provision of drafting or detailing services does not, by itself, transfer responsibility for the original design, engineering calculations, field verification, code compliance, or construction means and methods to OPUS.
3.3 Permit Drawings and Licensed-Professional Services
OPUS may assist with permit drawing packages, design coordination, and the preparation or coordination of documents intended for submission to building departments or other authorities.
Where a project requires drawings, calculations, certifications, seals, or stamps from a licensed architect or professional engineer, the relevant requirements must be identified and agreed upon before work begins.
Where licensed-professional services are included, those services must be provided or appropriately supervised by professionals holding the licenses required for the relevant work and jurisdiction.
Any professional stamp, seal, certification, or signature must be authorized and applied by the appropriate licensed professional in accordance with applicable law.
A quotation for drafting or permit drawings does not automatically include engineering calculations, architectural services, permit application fees, government approvals, or professional stamps and seals unless these items are expressly included.
OPUS does not guarantee that any drawing package will be approved by a building department, plan reviewer, inspector, owner, general contractor, or other reviewing authority.
3.4 BIM and Digital Modeling
OPUS may provide building information modeling, digital modeling, coordination, and related services using software such as Revit, Tekla, AutoCAD, and other suitable applications.
The level of development, model detail, coordination requirements, file formats, and intended use must be established in the project scope.
Unless expressly agreed otherwise, a model or digital drawing is not a substitute for verified field dimensions, approved construction documents, professional engineering review, or coordination by the parties responsible for construction.
3.5 Procurement Support
Procurement-related services may include:
- Material quantity and requirement assessments.
- Procurement schedules.
- Material comparison and evaluation.
- Supplier quotation comparisons.
- Purchase planning.
- Vendor coordination.
- Procurement tracking and reporting.
- Related construction purchasing support.
Unless expressly agreed in writing, OPUS acts as a support and consulting provider rather than the seller, manufacturer, supplier, shipping company, or guarantor of third-party products.
OPUS does not guarantee supplier availability, product quality, delivery dates, pricing, warranties, or fulfillment of third-party purchase orders.
Any authority to place orders, commit funds, negotiate binding purchases, or act on a client's behalf must be expressly authorized in writing.
3.6 Bid Leveling and Bid Evaluation
OPUS may compare bids, subcontractor quotations, supplier proposals, and other commercial submissions.
Our analysis may consider pricing, stated scope, exclusions, qualifications, quantities, alternates, and other information supplied by the client or bidders.
Bid leveling is an analytical support service. It does not guarantee that a bidder will perform as represented, that all omissions or ambiguities will be identified, or that the selected bidder will complete the work within the quoted amount.
The client remains responsible for evaluating bidder qualifications, verifying commercial terms, making award decisions, and entering into contracts.
3.7 Project Management and Scheduling
OPUS may provide scheduling and project coordination support, including:
- Construction schedules.
- Primavera P6 scheduling.
- Activity sequencing.
- Resource planning and allocation.
- Progress tracking.
- Schedule updates.
- Schedule analysis.
- Project reporting.
- Coordination of information supplied by project stakeholders.
Scheduling and project management support depend on the completeness and accuracy of the information provided by the client and other project participants.
Unless expressly agreed otherwise, OPUS does not control the physical construction site, employ the project's field workforce, supervise all contractors, or assume responsibility for construction safety, site conditions, or the performance of other parties.
3.8 Additional Services
OPUS may provide other construction consulting, drafting, estimating, coordination, and technical support services as mutually agreed.
The services listed on our website are general descriptions and do not necessarily form part of any particular engagement.
The accepted quotation or written agreement determines the services actually included in a project.
4. Website Information and Service Descriptions
We make reasonable efforts to keep our website accurate and current.
However, website content, service descriptions, examples, software references, graphics, project samples, and general statements are provided for informational purposes.
Website content does not constitute a binding quotation, guarantee of availability, promise of a specific outcome, or commitment to provide a service under particular commercial terms.
We reserve the right to modify our website, service offerings, descriptions, pricing information, and published content.
Changes to website content do not automatically change the scope or price of an existing engagement governed by an accepted proposal or written agreement.
5. Client Eligibility and Authority
Our services are primarily intended for business clients, including contractors, subcontractors, construction companies, developers, suppliers, and other organizations requiring construction support.
By engaging our services, you represent that:
1. You are legally capable of entering into the relevant agreement.
2. You have authority to act for yourself or the organization you represent.
3. You have the right to provide the drawings, specifications, documents, and other materials supplied to us.
4. Your instructions and project information are not knowingly fraudulent or unlawful.
5. You will use our deliverables only for lawful purposes and in accordance with the agreed scope.
If you act on behalf of a company or other organization, you represent that you are authorized to bind that organization to the applicable agreement.
We may decline an engagement where the requested work is outside our capabilities, cannot reasonably be completed within the required timeframe, presents an unacceptable legal or commercial risk, or conflicts with applicable law.
6. Quotations and Project Acceptance
6.1 Requesting a Quotation
Clients may contact OPUS to request pricing, availability, timelines, and other project information.
To prepare a quotation, we may request drawings, specifications, addenda and revisions, bid instructions, scope documents, project location, required deliverables, submission deadlines, applicable wage or labor requirements, required software or file formats, and other information relevant to the project.
Clients should provide complete and current information to enable accurate scope assessment.
6.2 Validity of Quotations
Unless a quotation states otherwise, quotations are valid for 30 calendar days from the date of issue.
A quotation may specify a different validity period.
We reserve the right to withdraw or revise a quotation before acceptance where there has been a material change in scope, project information, availability, or pricing assumptions.
6.3 Acceptance
A project may be accepted through a signed agreement, written confirmation, acceptance of a proposal, payment of an agreed deposit, or another acceptance method expressly specified by OPUS.
A project does not become binding merely because a visitor views our website or submits a general inquiry.
Once a quotation is accepted, the agreed scope, price, deliverables, timeline, payment terms, and applicable project conditions will govern the engagement.
6.4 Changes to Scope
Requests that materially change the agreed scope may require additional fees or an adjusted deadline.
Examples include additional trades or drawing packages, substantial drawing revisions, new specifications or addenda, changes to quantities or design criteria, additional deliverables, reformatting into unagreed software or file types, rework resulting from incorrect or incomplete information, expedited delivery, additional coordination meetings or reporting, and work outside the originally agreed assumptions.
OPUS will communicate material scope changes and any applicable additional charges for approval before undertaking the additional work, except where an existing agreement provides another procedure.
7. Client Responsibilities
Successful delivery depends on the cooperation of the client and other project participants.
The client agrees to:
1. Provide complete, legible, accurate, and current project information.
2. Identify the intended purpose and required level of detail of the deliverables.
3. Supply all relevant drawings, specifications, addenda, revisions, and instructions.
4. Identify known discrepancies, site conditions, design changes, and special requirements.
5. Respond to clarification requests within a reasonable period.
6. Review deliverables promptly and communicate corrections or concerns clearly.
7. Verify critical dimensions, quantities, assumptions, and project-specific requirements before relying on the deliverables for construction, procurement, bidding, or other consequential decisions.
8. Ensure that any materials supplied to OPUS may lawfully be shared for the requested work.
9. Obtain necessary approvals, permissions, and authorizations that remain the client's responsibility.
10. Make payments in accordance with the agreed terms.
OPUS will not be responsible for delays, errors, or additional costs caused by incomplete instructions, inaccurate documents, delayed responses, undisclosed requirements, or changes introduced by the client or other parties.
Where necessary, OPUS may identify assumptions, exclusions, unresolved questions, or items requiring confirmation before finalization.
8. Project Timelines and Delivery
Project timelines are established according to the accepted quotation or written agreement.
Any stated delivery date is based on the agreed scope, available information, resource availability, and the assumption that the client provides necessary materials and responses on time.
Unless expressly guaranteed in writing, delivery dates are estimates rather than absolute guarantees.
Delays may occur because of late receipt of drawings or specifications, incomplete or inconsistent project information, changes in scope, additional revisions, delayed client feedback, third-party dependencies, technical problems, or events beyond reasonable control.
Where a delay materially affects delivery, the parties should communicate promptly and agree on any reasonable adjustment to the schedule.
OPUS is not responsible for penalties, lost opportunities, liquidated damages, or other losses caused by a delay to the extent that such delay results from circumstances outside our reasonable control or from the client's failure to fulfill its responsibilities, subject to applicable law and any express contractual commitment.
9. Revisions and Corrections
Unless a project-specific agreement states otherwise, our standard estimating and takeoff engagements include up to three rounds of reasonable revisions at no additional charge, provided that the requested revisions remain within the original agreed scope.
For drawing, BIM, scheduling, procurement, and other engagements, the included revisions will be determined by the accepted quotation or written agreement.
A revision request should identify the relevant deliverable, the requested change, and the reason for the change.
The following may be treated as additional work:
- Changes to the original project scope.
- New drawings, specifications, or addenda introduced after work has progressed.
- Corrections required because the client supplied materially inaccurate or incomplete information.
- Requests that change previously approved assumptions.
- Revisions exceeding the included allowance.
- Changes arising from new requirements introduced by a third party after the agreed scope was established.
Where additional charges apply, OPUS will communicate the proposed charges before proceeding.
Clients should review deliverables carefully and submit revision requests within the review period specified in the proposal. If no review period is specified, clients should report apparent errors or omissions promptly after delivery.
A client's failure to identify an issue during review does not waive any non-waivable rights or remedies available under applicable law.
10. Fees, Invoicing, and Payment
10.1 Project Fees
Fees are established in the relevant quotation, proposal, subscription arrangement, or written agreement.
Pricing may be based on project size, complexity, trade coverage, deliverables, required turnaround, professional services, revision requirements, or another agreed pricing method.
Website pricing, promotional statements, or historical examples do not override a quotation accepted for a particular engagement.
10.2 Invoicing
OPUS may issue invoices electronically.
Invoices will identify the amount due and, where appropriate, the relevant project, payment instructions, and payment deadline.
Unless otherwise agreed in writing, payment is due according to the terms stated on the invoice or accepted proposal.
If no payment deadline is specified, payment is due upon receipt of the invoice.
10.3 Deposits and Milestone Payments
A project may require an advance payment, deposit, milestone payment, recurring payment, or other agreed payment arrangement.
Where a proposal establishes installment payments, the client must pay each installment by the applicable due date.
The payment schedule in the accepted proposal governs the project.
10.4 Payment Methods
Depending on availability and the relevant agreement, OPUS may accept payments through bank transfers, electronic invoicing, Stripe, or other payment methods we expressly approve.
Payment processors and financial institutions may apply their own fees, verification procedures, restrictions, and terms.
Clients are responsible for ensuring that payments are properly authorized and that the agreed amount reaches OPUS, except for charges that OPUS has expressly agreed to bear.
10.5 Taxes
Fees are exclusive of applicable taxes unless expressly stated otherwise.
Each party is responsible for taxes imposed on it by applicable law.
Where OPUS is legally required to collect, report, or remit a tax, the relevant amount may be added to the invoice as required.
10.6 Late Payments
If a client fails to pay an amount when due, OPUS may provide written notice requesting payment.
Subject to applicable law and the relevant agreement, we may suspend work, withhold undelivered files, pause revisions, or defer further services until overdue amounts are resolved.
Where permitted by law and agreed in the applicable contract, overdue amounts may accrue reasonable interest or late-payment charges.
We will not impose a charge that is prohibited by applicable law.
10.7 Disputed Invoices
If a client disputes an invoice, the client should notify OPUS promptly in writing and explain the disputed amount and reason.
The parties should make a reasonable effort to resolve the dispute.
Unless otherwise required by law or agreed in writing, undisputed portions of an invoice remain payable according to the agreed payment terms.
10.8 Chargebacks and Payment Reversals
Clients should contact OPUS promptly if they believe an invoice or payment is incorrect.
Nothing in these Terms limits a client's lawful right to dispute an unauthorized transaction or exercise rights provided by applicable payment services or consumer protection laws.
Where a payment is reversed or charged back, the parties may be required to provide supporting documentation to the relevant payment processor or financial institution.
11. Cancellation, Suspension, and Refunds
11.1 Cancellation by the Client
A client requesting cancellation should notify OPUS in writing.
The financial consequences of cancellation will depend on the applicable agreement, the work completed, resources committed, expenses incurred, and any cancellation terms accepted by the client.
Unless a written agreement provides otherwise, the client remains responsible for paying for services properly performed up to the effective cancellation date and for authorized, nonrecoverable project expenses.
Any advance payment exceeding amounts properly due must be handled in accordance with the applicable agreement and law.
11.2 Cancellation by OPUS
OPUS may suspend or terminate an engagement where:
- The client materially breaches the agreement.
- An invoice remains unpaid after reasonable notice.
- Required project information is not supplied.
- The client requests unlawful or unauthorized work.
- Continuing the engagement would create a material legal, safety, or professional risk.
- An event beyond our reasonable control makes performance impracticable.
Where reasonably possible, we will provide notice and an opportunity to address the issue before suspension or termination.
11.3 Refunds
Refund eligibility depends on the relevant agreement, the work performed, and applicable law.
Because our services are often customized for individual construction projects, completed professional work may not be capable of being returned in the same way as a physical product.
However, this does not mean that all payments are automatically nonrefundable.
Any refund, credit, or adjustment will be assessed in accordance with the applicable agreement and legal requirements.
Nothing in these Terms excludes mandatory refund rights or other remedies available under applicable law.
12. Accuracy of Estimates and Construction Information
Construction estimating and quantity takeoff services involve professional judgment, interpretation, assumptions, and the evaluation of available project documents.
Although OPUS aims to provide careful and accurate work, estimates and takeoffs may be affected by missing or unclear drawings, incomplete specifications, conflicting documents, unspecified materials or finishes, design changes, waste factors and installation methods, local labor productivity, material price fluctuations, supplier availability, freight, taxes, tariffs, delivery charges, site access and working conditions, prevailing wage requirements, contractor-specific overhead and profit, and market conditions and subcontractor availability.
Unless expressly agreed otherwise, our estimates are prepared for the specific purpose described in the proposal.
A preliminary estimate should not be treated as a final construction price, guaranteed subcontractor bid, guaranteed material purchase cost, or guarantee of profitability.
The client remains responsible for deciding whether an estimate is suitable for bidding, budgeting, purchasing, financing, or another intended use.
Where an estimate relies on assumptions, allowances, exclusions, or information requiring confirmation, those matters should be reviewed before a commercial or construction commitment is made.
13. Drawings, Design Responsibility, and Construction Use
13.1 Reliance on Source Documents
Our drawings, models, and technical documents may be prepared using information supplied by clients, architects, engineers, manufacturers, contractors, suppliers, or other project participants.
Unless field verification is expressly included, OPUS does not independently verify every existing condition, dimension, elevation, material, concealed element, or site measurement.
Clients and responsible project professionals must confirm critical information before fabrication, installation, procurement, or construction.
13.2 No Automatic Transfer of Design Responsibility
Drafting, detailing, BIM, coordination, and shop drawing services do not automatically transfer the original design professional's responsibilities to OPUS.
Responsibility for design intent, engineering calculations, structural adequacy, code compliance, and approval of technical solutions remains with the party legally or contractually responsible for those matters, unless a separate written agreement lawfully assigns specific responsibilities to OPUS or an appropriately licensed professional engaged for the project.
13.3 Review and Approval
Where required, drawings should be reviewed and approved by the relevant architect, engineer, general contractor, owner, manufacturer, or other authorized party before they are used for fabrication or construction.
A drawing marked preliminary, for review, not for construction, or with similar language must not be used beyond its stated purpose.
13.4 Building Codes and Permits
Construction regulations, building codes, licensing rules, and permit requirements differ between jurisdictions and may change over time.
Unless expressly included in the engagement, OPUS does not guarantee that a drawing package or technical deliverable complies with every applicable regulation or will be accepted by a permitting authority.
The client must identify applicable jurisdictional requirements and arrange any necessary professional review, approvals, and permits that fall outside our agreed scope.
13.5 Field Conditions and Safety
Clients and their contractors remain responsible for site safety, construction means and methods, temporary works, sequencing, field measurements, equipment operation, worker supervision, and compliance with occupational health and safety requirements, except to the extent a specific responsibility is expressly undertaken by OPUS in a written agreement and may lawfully be undertaken.
Nothing in these Terms limits a responsibility that applicable law expressly imposes on OPUS.
14. Third-Party Services and Information
Our services may involve information, software, pricing databases, supplier quotations, payment processors, cloud storage providers, or other third-party resources.
Website inquiries may open WhatsApp with a message prepared from the information you enter. OPUS receives that inquiry only if you send it in WhatsApp. Your use of WhatsApp is subject to WhatsApp's own terms and privacy policy.
Third-party information may be incomplete, inaccurate, delayed, or subject to separate terms.
OPUS does not control the operation or performance of independent third parties and does not guarantee their products, services, availability, or commercial commitments.
Where a client authorizes OPUS to coordinate with a third party, the extent of that authority will be determined by the relevant agreement.
Clients remain responsible for entering into contracts with suppliers, manufacturers, contractors, and other third parties unless OPUS expressly agrees in writing to act in another capacity.
15. Intellectual Property
15.1 Website Ownership
Unless otherwise indicated, the content of our website, including text, branding, graphics, page layouts, original materials, and other website content, belongs to OPUS or is used with permission or under an applicable license.
You may view our website and use its information for lawful personal or business purposes.
You may not reproduce, distribute, commercially exploit, modify, or republish protected website materials without appropriate authorization, except where permitted by law.
15.2 Client Materials
The client retains ownership of drawings, specifications, plans, photographs, models, data, and other materials that the client lawfully owns and supplies to OPUS.
The client grants OPUS a limited, nonexclusive right to access, reproduce, process, modify, and use those materials as reasonably necessary to perform the agreed services, communicate with the client, and meet applicable legal obligations.
This permission does not transfer ownership of the client's underlying materials.
15.3 Project Deliverables
Ownership and permitted use of project-specific deliverables will be governed by the accepted proposal or written agreement.
Unless otherwise agreed, the client receives a license to use the final deliverables for the project and purpose for which they were commissioned, subject to payment of all amounts due and any applicable third-party rights.
Where a written agreement expressly transfers ownership of specified deliverables, that agreement will govern the transfer and its conditions.
Draft files, working files, editable models, source files, templates, internal calculation methods, reusable components, and proprietary processes are not automatically included in a deliverable package unless expressly agreed.
15.4 Portfolio and Marketing Use
OPUS will not assume that it has permission to publish a client's confidential project documents, plans, pricing, or identity merely because we performed work on the project.
Any public use of client-identifiable project materials for marketing, portfolio, case study, or promotional purposes requires the client's permission, unless another lawful basis applies.
15.5 Third-Party Rights
Clients must not use deliverables in a way that infringes another person's intellectual property rights, violates a software license, or exceeds the rights granted under the project agreement.
Third-party software, fonts, components, reference materials, and licensed resources may remain subject to their own terms.
16. Confidentiality
OPUS recognizes that construction projects may involve confidential commercial, technical, and financial information.
Subject to applicable law and any separate nondisclosure agreement, we will take reasonable steps to protect nonpublic client information and use it primarily for the purposes for which it was provided.
Confidential information may be disclosed to our personnel, authorized contractors, professional advisers, service providers, or other persons who reasonably need access to perform the engagement, provided that such disclosure is appropriate and subject to relevant confidentiality obligations or safeguards.
Confidential information may also be disclosed where required by law, legal process, or a competent authority.
Information will not be considered confidential to the extent it:
- Is or becomes publicly available without a breach of duty.
- Was lawfully known to the receiving party before disclosure.
- Is independently developed without use of the confidential information.
- Is lawfully received from another source without a confidentiality obligation.
- Is authorized for disclosure by the person entitled to authorize it.
Clients should notify us of any special security, confidentiality, data residency, or restricted-access requirements before transmitting sensitive project materials.
Where a separate confidentiality agreement applies, its terms will govern any conflict relating to confidential information.
17. Privacy and Data Protection
OPUS collects and processes personal information in accordance with its Privacy Policy and applicable data protection laws.
Information may include contact details, business information, communications, project files, billing information, and technical data associated with website use.
Our Privacy Policy explains the categories of information we collect, how we use it, the circumstances in which it may be disclosed, and the choices available to individuals.
By using our website or providing information to us, you acknowledge that your information will be handled as described in our Privacy Policy, subject to any consent or other legal basis required by applicable law.
18. Website Availability and Acceptable Use
We aim to keep our website accessible and functional but do not guarantee uninterrupted availability.
Access may be temporarily suspended for maintenance, updates, security measures, technical issues, or circumstances outside our control.
You agree not to:
- Use our website for unlawful, fraudulent, or deceptive purposes.
- Attempt unauthorized access to our systems or other users' information.
- Interfere with the security, performance, or operation of the website.
- Upload malicious software or harmful code.
- Use automated methods to extract protected information in violation of applicable law or our rights.
- Misrepresent your identity or authority.
- Submit information that you are not authorized to disclose.
- Use our website to infringe intellectual property rights or violate another person's privacy.
We may restrict access where reasonably necessary to protect our website, users, business, or legal interests.
19. Disclaimers
To the maximum extent permitted by applicable law, our website and general informational content are provided on an “as is” and “as available” basis.
We make no general guarantee that website content will always be complete, error-free, continuously available, or suitable for every purpose.
For professional services, the applicable proposal or written agreement establishes the services and standards to which OPUS has committed.
Except for express commitments in an applicable agreement and warranties or obligations that cannot lawfully be excluded, OPUS does not guarantee a particular commercial, construction, financial, permitting, bidding, scheduling, or project outcome.
We do not guarantee that a client will win a bid, secure a contract, obtain a permit, avoid cost overruns, complete a project by a particular date, or achieve a specific profit margin.
Nothing in these Terms excludes a warranty, statutory right, or legal obligation that cannot be excluded under applicable law.
20. Limitation of Liability
To the maximum extent permitted by applicable law, OPUS will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising out of or relating to the website or services.
To the extent legally permitted, such losses may include loss of anticipated profits, loss of business opportunities, loss of anticipated savings, loss of goodwill, business interruption, loss of data, costs arising from third-party decisions, construction delays or project overruns, and losses arising from supplier or subcontractor performance.
This exclusion applies only to the extent permitted by law and does not exclude liability that cannot lawfully be excluded.
Subject to the following exceptions, and to the extent permitted by applicable law, OPUS's aggregate liability arising out of a particular engagement will not exceed the fees paid or payable to OPUS for the specific services giving rise to the claim during that engagement.
The limitation above does not apply to liability that cannot lawfully be limited, including where applicable fraud or fraudulent misrepresentation, willful misconduct, gross negligence where liability cannot lawfully be limited, death or personal injury where exclusion or limitation is prohibited, and other mandatory statutory liabilities.
Any limitation in this section is subject to applicable law and any express liability terms in the relevant project agreement.
The parties should identify any special insurance, indemnity, professional liability, or higher liability requirements in writing before the engagement begins.
21. Indemnification
To the extent permitted by law, a client may be responsible for losses, claims, and reasonable expenses arising from the client's unlawful conduct, infringement of third-party rights, unauthorized disclosure of materials, or material breach of the applicable agreement.
This provision does not require a client to indemnify OPUS for losses caused by OPUS's own conduct to the extent such indemnification would be unlawful or otherwise unenforceable.
Any broader indemnification obligations must be expressly established in a written agreement.
22. Force Majeure
Neither party will be responsible for a failure or delay in performance to the extent caused by circumstances beyond its reasonable control, except for payment obligations that have already become due and other obligations that cannot lawfully be excused.
Such circumstances may include natural disasters, severe weather, war, terrorism, civil unrest, government restrictions, widespread communications failures, major infrastructure outages, epidemics, and other events that materially prevent performance.
The affected party should notify the other party within a reasonable period and take reasonable steps to mitigate the effects.
If the event continues for an extended period, the parties should discuss an appropriate adjustment, suspension, or termination of the engagement in accordance with the applicable agreement and law.
23. Suspension and Termination
Either party may terminate an engagement in accordance with its written agreement.
Where no specific termination procedure has been agreed, a party may give written notice identifying a material breach and a reasonable opportunity to remedy it, where appropriate.
If the breach remains unresolved, the affected party may pursue remedies available under the agreement and applicable law.
Upon termination:
- The client must pay amounts properly due for work performed and authorized expenses incurred.
- OPUS may suspend further work and delivery of unpaid deliverables to the extent permitted by law and the applicable agreement.
- Each party must handle the other party's confidential information in accordance with its continuing obligations.
- Provisions intended by their nature to survive termination will continue to apply.
Termination does not affect rights or liabilities that accrued before termination.
24. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law rules, except to the extent that mandatory law applicable to a particular client or transaction requires otherwise.
Before commencing formal legal proceedings, the parties should make a reasonable effort to resolve a dispute through good-faith written communication and, where appropriate, mediation.
If a dispute cannot be resolved informally, it may be submitted to a court of competent jurisdiction in Colorado, subject to applicable law, any valid project-specific dispute resolution agreement, and any mandatory jurisdiction or consumer protection rights.
Nothing in this section prevents a party from seeking urgent interim relief where legally available.
Nothing in these Terms removes a right to bring a claim in another forum where applicable law requires that right to be preserved.
25. International Clients
OPUS serves clients in multiple jurisdictions.
Clients engaging OPUS from outside the United States are responsible for identifying and communicating any mandatory local requirements affecting the services, including professional licensing, building regulations, privacy requirements, tax treatment, and document submission rules.
The parties should agree in writing on any special requirements before work begins.
A reference to Colorado law in these Terms does not override mandatory legal protections or requirements that apply to a particular transaction under applicable law.
26. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business, services, website, or legal requirements.
The updated version will be published on this page with a revised “Last Updated” date.
Changes will generally apply prospectively to website use and new engagements.
For existing projects, a material change will not automatically override an accepted written agreement. Where a change must apply to an existing engagement, the parties will follow the applicable agreement and law.
Your continued use of the website after an update indicates your acknowledgment of the updated terms governing subsequent website use, to the extent permitted by law. It does not, by itself, establish acceptance of a material amendment to an existing project agreement.
27. Severability
If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be limited or severed to the minimum extent necessary.
The remaining provisions will continue to apply to the extent permitted by law.
28. No Waiver
A failure or delay by OPUS in exercising a right under these Terms does not constitute a waiver of that right.
Any waiver must be established in accordance with applicable law and, where appropriate, documented in writing.
29. Entire Agreement and Order of Precedence
These Terms govern general website use and the services to the extent applicable.
A project-specific proposal, signed service agreement, accepted quotation, nondisclosure agreement, or other written agreement may establish additional or different terms for a particular engagement.
In the event of a conflict, the applicable written project agreement will control to the extent of the conflict, subject to applicable law.
No informal statement or website description will amend a written agreement unless the amendment is made in accordance with that agreement or otherwise becomes legally effective.
30. Contact Information
Support inquiries: Support@opus-consultants.com
For questions regarding these Terms, our services, or a project engagement, contact:
OPUS Consultants LLC
1500 N Grant Street, Suite R
Denver, Colorado 80203
United States
Email: info@opus-consultants.com
United States and Canada: +1 (720) 803-6459
United Kingdom: +44 7445 941570
Website: https://opus-consultants.com
Please include your company name, project reference where applicable, and a clear description of your inquiry.
End of Terms & Conditions
