SECTION 1 - Person Responsible for Payment
SECTION 2 - Property Information
(1): If BLDI is engaged or notified of the closing date within two weeks of closing, it is BLDI’s discretion whether or not to accept
the work. Closing dates are extremely important for BLDI to have, especially when a BEA will be included as part of the EDD
process because of the 45-day redemption period.
If at any time a project is placed on hold, it will exit our transaction queue and the delivery date will restart.
(2): Reliance Parties, including all lenders, participants and LLC's require identification. Re-issuance of reports or issuance of
Reliance Letters to meet Client needs may incur additional fees. Select Reliance Parties, including U.S. Small Business
Administration (SBA), may require additional or different tasks. If such parties will or may be involved in this project, please
identify as early in the process as possible. Failure to do so often requires additional work and project delays.
(3): Reports requested to be sent to Client in “draft” form will be finalized within two (2) weeks, unless otherwise directed.
SECTION 3 - Additional Notes or Comments
(i.e., unsecured, physical/structural hazards, vagrancy, no electrical service)
If personal safety concerns are known for the Property, BLDI will make arrangements for appropriate security measures during
the site visit. An additional fee will be assessed for this service.
If personal safety concerns, not identified by the client are encountered at the Property, BLDI reserves the right to immediately
leave the Property and return at a later time with appropriate security measure. Additional fees will be assessed for these
services and the return site visit.
SECTION 5 - Engagement
*: The Standard ASTM E 1527-13 Phase I ESA PLUS includes User requested non-scope ASTM items
(i.e., asbestos, lead-based paint, wetland, mold, radon).
Note: Specific lenders/lending programs have specific requirements. If changes to the report are later required to meet lender
requirements, additional fees may be incurred.
SECTION 6 - Report Delivery
- BLDI will e-mail a link to retrieve a PDF copy of the report. No hard copies of the report will be provided, unless
specifically requested by the Client. The cost of one hard copy is $90. The cost of subsequent hard copies is $30.
SECTION 7 - Additional Details
Upon receipt of the signed order form by BLDI, a delivery date is determined as follows:
- If received before 12:00 PM, Day 1 begins the day of receipt (holidays & weekends excluded)
- If received after 12:00 PM, Day 1 begins the next business day (holidays & weekends excluded)
- If at any time a project is placed on hold, it will exit our transaction queue and the delivery date will restart
Confirmation of your project's delivery date will be e-mailed to you. Delivery will be made via e-mail no later than
11:59 PM on that date. Other than Property access, the only exception to the delivery date is access to agency
records (e.g. MDEQ, Ohio EPA), which may not always be fully accessible. In such cases, BLDI will notify the Client
of the situation. The Client will have the option to: 1.) Have BLDI issue an initial report with a potential follow-up
addendum, or 2.) Delay issuance of the report until such agency file review is completed. When encountered, such
delays are generally less than one (1) week.
Frequently Asked Questions (FAQs) Regarding Environmental Due Diligence Process:
Please contact your identified BLDI staffer at 616-459-3737 with technical questions.
Customer Service questions or concerns can be directed to Marty Janowiak at firstname.lastname@example.org
BLDI Standard Terms & Conditions
- Professional Standards and Warranty:
Professional services performed by BLDI under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions. No other warranty, expressed or implied, is made.
- Waste and Contamination:
Nothing stated or implied in this Agreement or in BLDI’s other dealings with Client shall be construed to make BLDI the owner or generator of any waste,
environmental contamination, product contamination, or building contamination related to the subject matter of this Agreement. Client shall defend,
indemnify, and hold BLDI harmless from all claims seeking to impose liability on BLDI as the owner, generator or the person otherwise responsible for such
waste or contamination.
BLDI may engage subcontractors on behalf of the Client to perform a portion of the services to be provided by BLDI. BLDI shall have no liability for any
delay, breach, or failure of performance by a subcontractor unless BLDI fails to use reasonable care in the selection of such subcontractor.
BLDI shall bill monthly for services and reimbursable expenses. Unless otherwise stipulated, services will be billed according to the hourly rates in effect
when services are provided. Reimbursement for expenses shall be based on BLDI’s actual cost plus 20% to cover direct and indirect overhead. Each
invoice shall be due and payable thirty (30) days after receipt by Client. BLDI may suspend performance of services until all past due amounts are paid.
Invoices over 30 days past due will be charged monthly interest at the rate of 12% per annum or the highest lawful rate on the unpaid balance, whichever is
less. BLDI may also, at its option, place the account with a collection agency and/or sue for payment, and be entitled hereunder to collect all amounts owed,
with interest as described above thereon, along with any and all collection fees and costs, attorney’s fees and court costs incurred.
This agreement may be terminated by either party upon 15 days prior written notice. In such event, Client shall pay BLDI in full for all work performed prior
to the effective date of termination. All drawings, reports, and documents prepared by BLDI or its subcontractors shall remain the property of BLDI until all
monies owed to BLDI by Client have been paid. BLDI assumes no liability for use of such drawings, reports or documents delivered to the Client in
connection with a project which is terminated before completion, unless specifically agreed to in writing.
- Cost Estimates:
Cost estimates provided by BLDI shall be on the basis of experience and professional judgment. BLDI does not warrant the accuracy of such estimates as
compared to contractor’s bids or actual costs incurred.
Any dispute arising out of or related to this Agreement may be decided in accordance with the rules of the American Arbitration Association. Either Client or
BLDI may initiate a request for such arbitration, but consent of the other party shall be necessary before arbitration may proceed. No additional parties may
be included in such arbitration proceedings. If BLDI and Client agree to arbitration, the award of the arbitrator shall be binding and final, and judgment on
any award may be entered in any court of competent jurisdiction.
Client agrees to indemnify and hold BLDI harmless from and against all liability, claims, demands, losses, damages, and expenses (including attorney
fees), related in any way to BLDI’s performance of services under this Agreement, except those solely and directly caused by the negligent acts, errors, or
omissions of BLDI.
- Limitation of Liability:
Notwithstanding any other provision of this Agreement, the liability of BLDI to the Client or any other party claiming through or for the benefit of Client, will
be limited to the amount of BLDI’s professional fees.
- Site Access and Security:
Unless otherwise expressly agreed, Client is solely responsible for all aspects of site security and for obtaining any necessary permission from any affected
third party property owners for use of their lands. Client shall obtain signed Authorization(s) for Entry and Use of Land as necessary for BLDI to perform its
services. Client shall be solely responsible for any claims arising from the disturbance of surface or subsurface lands or waters caused by the performance
of any of BLDI’s services, except for such damage as may be caused by the negligent acts, errors, or omissions of BLDI.
- Federal/Local Right to Know Compliance:
In compliance with the Federal Hazard Communication Standards and applicable local laws or ordinances, Client shall provide BLDI with a list of hazardous
substances in the work place to which BLDI employees or subcontractors may be exposed to while carrying out this Agreement. In addition, the Client shall
provide a listing of protective measures in case exposure occurs.
- Governing Law:
This Agreement and all related documents shall be governed, enforced, and construed in accordance with laws of the State of Michigan. Any disputes shall
be resolved in the court residing in Kent County, Michigan.