My Florida House Plans is a dba for Florida Engineering, LLC. MyFloridahouseplans.com is owned and operated by Florida Engineering, LLC.  These Terms and Conditions constitute the Agreement between the Client and My Florida House Plans, (“MFHP”), when the Client buys from this website the engineering services described below to provide a house plan or a combined house plan and garage plan.

1. MFHP Services

MFHP will provide a site-specific house plan, and if chosen, a garage plan that the Client selects from the website. MFHP will sign and seal the chosen plan or plans the Client has selected.  MFHP will provide an invoice listing these services being provided to the Client. The house plans will contain a conventionally framed roof. If the Client wishes to have a trussed roof, then the Client will have to work with a truss manufacture and an outside engineer to have the truss roof plan approved by a Florida licensed engineer.

2. Excluded Services by MFHP

MFHP will not provide any of the following services as part of the Client purchasing a house plan or house plan and roof plan from the website:

(a) MFHP will not provide any additional services or documents other than the specific items listed on the Client’s invoice;  

(b) MFHP will not submit the house plans and garage plans to a local jurisdiction for permitting construction purposes or for the purpose of obtaining a construction permit from the Client’s local building authority;

(c)  MFHP will not provide a survey for the site the Client is using for the house plan and garage plan selected by the Client;

(d)  MFHP will not provide any mechanical, electrical, plumbing, or site civil engineering for the construction of any house or garage depicted in the plans provided; and

(e)  MFHP will not provide any modifications to the house plan or house plan and garage plan selected by the Client unless the Client enters into an additional agreement for any modifications.

3. Client Obligations

3.1  The Client will pay at checkout from the website the price for the services in providing the house plan selected and garage plan selected, if any.

3.2  The Client will obtain at the Client’s own expenses all required soil studies and land surveys to build the house or house and garage from the plans selected by the Client.

3.3  The Client will be responsible for submitting the house plan or house plan and garage plan the Client selected to the local jurisdiction for any permitting required for construction.

3.4  The Client will be responsible for and will obtain any necessary construction permits from the local building authority to have the house and garage built as detailed in the house plan and garage plan.

3.5  The Client will obtain any necessary approvals from any homeowners’ association for the construction of the plans purchased by the Client.

3.6  The Client will be responsible for obtaining any required inspections from the local jurisdiction during construction of the house or house and garage depicted in the plans selected by the Client.

3.7  The Client will hire its own structural engineer to approve any truss plans if the Client chooses to have a truss manufacturer provide a manufactured truss system for the roof of the house depicted in the house plan the Client has selected.

3.8  To the extent the Client seeks to have alterations or modifications made to the design of the house plan or house plan and garage plan, the Client will obtain written permission from MFHP and, once obtained, the Client will retain the appropriate professional to make any alterations or modifications the Client desires. The Client will be responsible for any alterations or modifications the Client seeks to have made that were not made by MFHP.

3.9 The Client will be responsible for ensuring their selected house plans fit within all setbacks and easements.  

4. Delays

The Client will not hold MFHP responsible for damages arising directly or indirectly from any delays for causes beyond MFHP’s control. For purposes of this Agreement, such causes of delay include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, fires, riots, war or other emergencies, pandemics, acts of God, or acts of terrorism.

5. Copyright & One-time Use License

5.1  Client recognizes and understands that the house plan and garage plan, if selected, are held under copyrights by MFHP and are the intellectual property of MFHP. MFHP grants a one-time license to the Client to construct one house, and if applicable, one garage, from these plans. Client will not build the house and garage more than once and the Client will not modify or copy the house plans and garage plans without the express written permission of MFHP. Unauthorized copying or use of the house plans and garage plans is a violation of the copyright laws protecting MFHP’s interest in the house and garage plans.

5.2  If the Client wishes to build a house multiple times from the house plans purchased, the Client will contact MFHP about MFHP’s reuse fees.

6. Ownership of Instruments of Service

All reports, plans, specifications, field data, notes and other documents, including electronic media, prepared by MFHP as instruments of service, shall remain the property of MFHP.

7. Termination

7.1   Before the release of any house plan or house plan and garage plan, the Client or MFHP may terminate this Agreement by providing at least two (2) days’ written notice from the time of the order on this website.

7.2   Once the house plan or house plan and garage plan have been released by MFHP to the Client, no refund will be given.

7.3   In the event the Client fails to provide accurate and timely information to MFHP for the preparation of the plan or plans selected, MFHP may terminate this agreement and will be entitled to compensation for all services and reimbursable expenses incurred up to the time of termination of MFHP.

8. Limitation of Liability

The Client will, to the fullest extent permitted by law, limit the liability of MFHP to the Client for any and all injuries, claims, losses, expenses, damages or claimed expenses arising out of this Agreement, from any and all claims, causes, loses, costs, including attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of MFHP to the Client shall not exceed the maximum of the fees paid to MFHP for the services rendered under this Agreement or $5,000.00, whichever is greater.  Such claims and causes include, but are not limited to, negligence, professional errors or omissions, strict liability, breach of contract or breach of warranty.

FURTHER AS PART OF THIS ALLOCATION OF RISK AND LIMITATION OF LIABILITY AND PURSUANT TO FLORIDA STATUTE SECTION 558.0035, THE CLIENT AGREES AND WILL NOT HOLD INDIVIDUALLY LIABLE ANY DESIGN PROFESSIONAL EMPLOYEE OR DESIGN PROFESSIONAL AGENT OF MFHP FOR ANY ECONOMIC DAMAGES, EXCEPT THOSE DAMAGES INVOLVING PERSONAL INJURIES OR THOSE TO PROPERTY NOT THE SUBJECT OF THIS AGREEMENT, THAT MAY RESULT FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THESE PROFESSIONAL SERVICES PROVIDED UNDER THIS AGREEMENT.

It is the intent of the Client and MFHP that this allocation of risk and limitation of liability comply fully with Florida law in all respects. If any word, clause or provision of section 8 is determined not to be in compliance with Florida law, it shall be stricken and the remaining words, clauses and provisions shall remain in full force and effect.

9. Standard of Care & Warranties

9.1  In providing services under this Agreement, MFHP warrants that all of the services provided by on or on its behalf pursuant to this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by Florida engineers practicing under similar circumstances at the time of the services provided under this Agreement. This warranty of MFHP’s standard of care is in lieu of all other warranties, either express or implied.

9.2  Further, the Client agrees and understands that, when used in conjunction with the providing of services pursuant to this Agreement, such terms as “certify”, “warrant”, “confirm”, “guarantee”, “assure” or the like, do not constitute a guarantee, but rather a representation based on upon MFHP’s professional opinion or judgment.

10. Indemnification

To the fullest extent permitted by law, the Client will indemnify, defend, and hold harmless MFHP and its officers, directors, and employees from and against any and all losses, damages, liabilities, including liabilities caused by the use, misuse or unauthorized use of the plans provided by MFHP, or costs, including reasonable attorneys’ fees and costs and defense costs, arising out of or in any way connected with this Agreement or the performance of the Client under this Agreement. 

The Client shall not be obligated to indemnify MFHP from MFHP’s own negligence.

11. Governing Law and Jurisdiction

The Client and MFHP agree that the terms of this Agreement shall be governed exclusively by the laws of the State of Florida and that venue shall lie exclusively in Charlotte County, Florida.

12. Entire Understanding and Lack of Waiver

This Agreement represents the entire understanding between the Client and MFHP in respect to this Project, and may only be modified in writing.  The failure of either the Client or MFHP to require strict performance by the other shall not constitute a waiver of any of such party’s rights pursuant to this Agreement, or to thereafter require strict performance by the other.

13. Severability

In the event that any provision of this Agreement is found to be invalid or unenforceable for any reason (whether on its face or as applied), the same shall be deemed excised and such excision shall have no effect upon the remaining provisions hereof.  It is the intent of the Client and MFHP that this Agreement be enforced to the fullest extent permitted by law.

14. Effective Date of Terms of the Agreement

The effective date of the terms of this Agreement will be from the date the Client engages MFHP on the website by selecting the house plan or house plan and garage plan the Client wishes to have.

15. Authority to Enter into the Agreement

The Client, by using this website and engaging with MFHP to provide services under this Agreement, hereby agrees, acknowledges, and represents that the Client has read all of the provisions above, fully understood the terms and conditions expressed in this Agreement, and has the authority to accept the terms of this Agreement and is bound by these terms.