This Subscription Agreement (the "Agreement") governs Customer’s acquisition and use of Services AND Software offered by NorthWest Construction Control LLC (NWCC).

By accepting this Agreement by: (a) clicking a box indicating acceptance; (b) executing a New Order that references this Agreement; or (c) accessing Services via NWCC's web application, Customer agrees to the terms of this Agreement.

If the individual accepting this Agreement is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity and its Affiliates to this Agreement, and the term “Customer” shall refer to such entity and its Affiliates. If the individual accepting this Agreement does not have such authority or does not agree with the terms and conditions of this Agreement, such individual must not accept this Agreement and may not use the Services.

If there is a separately signed Service Agreement in place betweeen customer and NWCC, the content of that custom agreement shall supercede any of the terms outlined here.

The Services may not be accessed for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Drata’s competitors are prohibited from accessing the Services, except with Drata’s prior written consent.

This Agreement is effective as of the date Customer accepts this Agreement and included the following terms:


  1. Scope of Work:  To provide Construction Draw Inspection services, Plan Review / Constructability Analysis Reports and Builder Registration reports to be utilized for the approval and disbursements of construction lending. Unless previously agreed upon, CLIENT is to decide which services to utilize on each project. Scope of work to include the following:
  2.  Plan Reviews:

      Limited Plan Review (Short form):

(1)        Review the proposed set of plans, the specification of material form, contract, geotech report (if a geotech report has been obtained for the project) and the cost breakdown for the Project to determine the following:

(a)        Is there enough money in the budget estimate to build the project?

(b)        Is the money disbursed properly on the cost breakdown so that line item dollar amounts are not grossly out of line with plan reviewers estimated cost?

(2)        Prepare a brief narrative summary report to CLIENT regarding the Project and advise CLIENT whether it appears the budget estimate is accurate and whether proposed line item amounts on cost breakdown are within acceptable parameters. The report will consist of a brief description of the Project (including projected completed square footage and total cost per square footage); a general opinion on the apparent adequacy of the plans, budget and listing of line items identified within the budget which NWCC believes are deficient, and an explanation of the deficiency.

.                        Extended Plan Review (Available for Residential and Commercial Projects):

(1)        Items 1-2 above identified in a Limited Plan Review; 

(2)        Comments addressing each individual line item on the cost breakdown;

(3)        Extended narrative summary.

                        (4)        Review of Contract and comment;

 B.   Construction Draw Inspections:

1.    Inspect the project based on draw request forms submitted by the builder;

  1. Take photographs as required for each type of construction;
  2. Attempt to locate and identify someone on the construction site;
  3. Note materials on site at time of inspection;
  4. Note date of inspection.

In general, unless a task is specifically identified above, it is NOT included in the Scope of Work.  The Scope of Work above described specifically limits the work/tasks NWCC will perform.  Provided, further, the following items are specifically EXCLUDED from the Scope of Work: (i) inspection and/or warranting of usability of plans and specifications and whether the same comply with applicable building code requirements; (ii) inspection and/or warranting of the quality of construction work completed; (iii) inspection and/or warranting that work completed meets/satisfies building code requirements; (iv) any task not specifically identified in the Scope of Work; and (vii) destructive testing/inspection of any nature.


C. Other Reviews/Inspections:

  • Client may order other inspection and/or review services not explicitly covered by this agreement.


D. Builder Reviews:

  • Gather builder background information consisting of Licensing, Bonding, Insurance, Bankruptcies, Liens, Judgments and credit review.
  • Attempt to contact four previous builder clients and four vender suppliers to rate job satisfaction and status of accounts.

2.         Term of Agreement:  This Agreement will remain in full force and effect until terminated.  In either case, this Agreement may be terminated by either party with thirty (30) days written notice to the other party.

3.         Pricing and Method of Payment:  NWCC will submit invoices for the previous monthly period. CLIENT will make full payment to NWCC based upon timely receipt of NWCC's invoices with terms of due upon receipt. NWCC will provide CLIENT with a service and fee schedule to CLIENT and any changes to prices must be provided at least 3 months in advance. This service agreement does not supercede any customized pricing agreement(s) that may already be in place.

4.         Interest:  If CLIENT does not make payment due and owing within thirty (30) days after receipt of invoice, interest on the unpaid invoice will accrue at one and a half percent per month. Interest shall not accrue on any portion of an unpaid invoice which CLIENT disputes in good faith.

5.         Performance and Limitation of Liability:  NWCC agrees to conduct itself with discretion, skill and thoroughness in the performance of said inspections.  CLIENT agrees to defend, indemnify and hold NWCC harmless from liability for services provided hereunder as they relate to claims against the CLIENT which the CLIENT receives.  However, should a claim be made against CLIENT due in whole or in part to, the willful misconduct, negligence, or intentional non-disclosure of NWCC in connection with the provision of services hereunder, CLIENT shall have no obligation to defend, indemnify, or hold NWCC harmless, and NWCC agrees to reimburse CLIENT for the amount of the loss, resulting from NWCC’s willful misconduct, negligence, or intentional non-disclosure. CLIENT agrees to notify NWCC in writing within sixty (60) days of the initial discovery of such defect which may result in a loss by CLIENT.  If CLIENT suffers an actual loss because of such defect, CLIENT will provide NWCC with proof of payment.  NWCC agrees to reimburse CLIENT within sixty (60) days of notice sent of said proof of payment.

6.         Disclaimer:  NWCC makes no representations, warranties and provides no opinions on:

                     (1)  The quality of construction;

                     (2)  Compliance with applicable building codes; and

      (3) Compliance with the plans and specifications.

7.         Indemnification of NWCC:  Subject to Section 5 hereof, CLIENT shall indemnify, defend and hold harmless NWCC, its officers, directors, shareholders, agents and employees (collectively, the “Indemnified Parties”) from and against any and all claims or Losses to which NWCC may be subject resulting from any judicial determination that CLIENT acted improperly and/or CLIENT has failed to perform or observe any material covenant, term or condition of this Agreement or the material breach by CLIENT of any representation or warranty made by it in this Agreement. 

8.         Indemnification of CLIENT:  Subject to section 5 hereof, NWCC shall indemnify, defend and hold harmless CLIENT, its officers, directors, shareholders, agents and employees (collectively, the “Indemnified Parties”) from and against any and all claims or Losses to which CLIENT may be subject resulting from any judicial determination that NWCC acted improperly and/or NWCC has failed to perform or observe any material covenant, term or condition of this Agreement or the material breach by NWCC of any representation or warranty made by it in this Agreement.

9.         Attorney's Fees:  In the event either party must employ an attorney to enforce it’s respective rights under this Agreement, reasonable attorney's fees and costs, including expert witness fees, attorney’s fees and costs incurred in the collection of any resulting judgment, and/or attorney’s fees and costs incurred in any appeal shall be allowed to the prevailing party.

10.       Venue:  All causes of action arising out of or relating to this Agreement shall be submitted to the King County Superior Court, in Seattle, Washington.

11.       Confidentiality:  NWCC hereby agrees to maintain all non‑public personal information of CLIENT and CLIENT’s customers (“NPPI”), disclosed to NWCC pursuant to this Agreement, in strict confidence.  NWCC will maintain appropriate security controls to protect such NPPI from unauthorized and/or accidental disclosure. NPPI shall not be disclosed, distributed or used by NWCC for any other purpose other than for the purposes reasonably necessary to fulfill the services contemplated under this Agreement. Upon termination of this Agreement between NWCC and CLIENT, all of CLIENT’s information and all NPPI shall be returned to CLIENT and NWCC shall return or destroy any copies.  This privacy/confidentiality agreement shall survive any merger or acquisition of NWCC or CLIENT by another entity.