Terms of Service

1. Acceptance of Terms

By accessing or using this website (datumprojectcontrols.com) or by engaging Datum Project Controls for professional services, you ("Client" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use this website or engage our services.

These Terms constitute a legally binding agreement between you and Datum Project Controls ("Datum," "we," "us," or "our"), a construction scheduling and project controls firm operating in Southern California.

2. Services

Datum Project Controls provides professional construction scheduling and project controls services, including but not limited to:

• Baseline CPM Schedule Development: Creation of critical path method schedules using industry-standard software (Oracle Primavera P6, Microsoft Project) in accordance with project contract requirements and industry best practices.
• Monthly Schedule Updates: Periodic updates to the project schedule reflecting actual progress, revised logic, and updated forecast dates.
• Look-Ahead Schedules: Near-term schedule windows (typically 2–6 weeks) prepared to support field coordination and subcontractor planning.
• Schedule Health Analysis: Independent review and audit of existing CPM schedules for logic integrity, critical path validity, coding compliance, and overall schedulability.
• Delay Analysis: Forensic schedule analysis to identify, quantify, and apportion delays using recognized methodologies (time impact analysis, windows analysis, as-built critical path).
• Recovery Scheduling: Development of recovery or acceleration schedules to address project delays or changes in scope.
• Expert Consulting: Advisory services related to scheduling disputes, contract compliance, and project controls best practices.

The specific services to be provided, deliverables, timeline, and fees for any engagement will be set forth in a separate written proposal or professional services agreement executed by both parties.

3. Engagements & Scope

No professional services relationship is created by your use of this website or submission of a contact form. A professional engagement commences only upon execution of a written proposal or professional services agreement signed by an authorized representative of Datum Project Controls.

Any changes to the agreed scope of services must be documented in a written change order or amendment executed by both parties. Oral modifications to scope or fees are not binding on Datum Project Controls.

Datum reserves the right to decline any project engagement at its sole discretion without obligation or liability.

4. Client Obligations

Client agrees to cooperate fully with Datum to facilitate the performance of services, including:

• Providing accurate, complete, and timely access to project documents, schedules, contracts, and other information reasonably requested by Datum.
• Granting Datum reasonable access to project personnel, subcontractors, and project sites as needed to perform the services.
• Reviewing and providing written feedback on deliverables within the timeframes specified in the project agreement.
• Notifying Datum promptly of any changes to project scope, schedule, or conditions that may affect the services.
• Designating a primary point of contact with authority to provide instructions and approvals on behalf of Client.

Datum's ability to deliver accurate and timely work product depends on Client's timely provision of accurate information. Datum is not responsible for errors, omissions, or delays in deliverables caused by inaccurate, incomplete, or untimely information provided by Client.

5. Payment Terms

Fees for services will be as specified in the applicable proposal or professional services agreement. Unless otherwise specified in writing:

• Invoices are due and payable within 30 days of the invoice date.
• Overdue balances accrue interest at the rate of 1.5% per month (18% per annum) from the due date.
• Datum reserves the right to suspend or terminate services on active engagements where invoices remain unpaid beyond 15 days past due, upon written notice to Client.
• Client is responsible for all costs of collection, including reasonable attorneys' fees, incurred by Datum in collecting overdue amounts.
• All fees are in U.S. dollars. Datum does not accept payment in cryptocurrency or other non-standard forms unless expressly agreed in writing.

Expenses incurred on behalf of Client (e.g., travel, reproduction, third-party software costs) are billed at cost plus a 10% administrative fee unless otherwise agreed in writing.

6. Intellectual Property

Deliverables

Upon receipt of full payment for applicable services, Datum grants Client a non-exclusive, perpetual license to use the deliverables produced under a project engagement (such as CPM schedule files, reports, and analyses) for the specific project for which they were created. Client may not resell, sublicense, or use such deliverables as the basis for services provided to third parties without Datum's prior written consent.

Datum Methodologies & Tools

Datum retains all intellectual property rights in its proprietary methodologies, templates, tools, processes, and know-how developed independently of any specific client engagement. Nothing in these Terms or any project agreement transfers ownership of such pre-existing or independently developed intellectual property to Client.

Website Content

All content on this website, including text, graphics, design, and code, is owned by or licensed to Datum Project Controls and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from website content without our express written permission.

7. Confidentiality

Both parties acknowledge that in the course of an engagement, each may receive confidential information belonging to the other, including project details, financial information, proprietary processes, and other non-public information ("Confidential Information").

Each party agrees to:

• Hold the other party's Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.
• Use Confidential Information only for the purpose of performing obligations under the applicable engagement.
• Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees or subcontractors who have a need to know and are bound by substantially similar confidentiality obligations.

These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided that the receiving party gives the disclosing party prompt written notice and cooperates in seeking a protective order.

Confidentiality obligations survive termination of any engagement for a period of three (3) years.

8. Warranties & Disclaimers

Datum warrants that it will perform services in a professional and workmanlike manner consistent with the standards of care generally observed by experienced construction scheduling professionals in Southern California.

Datum does not warrant that:

• Schedule projections or analyses will predict actual project outcomes with certainty. Construction schedules are forward-looking estimates subject to inherent uncertainty, and actual results may vary.
• Any schedule or analysis will be accepted by any project owner, contractor, court, arbitrator, or other third party.
• Deliverables will be free from errors when based on inaccurate or incomplete information provided by Client.

THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DATUM DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATUM PROJECT CONTROLS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ENGAGEMENT, EVEN IF DATUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DATUM'S TOTAL CUMULATIVE LIABILITY TO CLIENT FOR ANY CLAIMS ARISING OUT OF OR RELATED TO A SPECIFIC PROJECT ENGAGEMENT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO DATUM UNDER THAT ENGAGEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Datum's liability will be limited to the maximum extent permitted by law.

10. Indemnification

Client agrees to indemnify, defend, and hold harmless Datum Project Controls and its principals, employees, agents, and subcontractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's breach of these Terms or any project agreement; (b) Client's negligence or willful misconduct; (c) any use by Client of deliverables outside the scope of the applicable engagement or in a manner not authorized by Datum; or (d) false or misleading information provided by Client to Datum.

11. Termination

Either party may terminate a project engagement upon written notice if the other party materially breaches its obligations and fails to cure such breach within fifteen (15) days after written notice specifying the nature of the breach.

Client may terminate a project engagement for convenience upon thirty (30) days' written notice, provided that Client pays Datum for all services performed and expenses incurred through the date of termination, plus any reasonable wind-down costs.

Datum may terminate a project engagement immediately if: (a) Client fails to pay any undisputed invoice within 30 days of the due date; (b) Client engages in conduct that is unethical, fraudulent, or harmful to Datum's professional reputation; or (c) Datum determines, in its reasonable professional judgment, that completing the engagement would require it to violate applicable professional standards or law.

Provisions of these Terms that by their nature should survive termination (including Sections 6 through 10 and 12 through 14) will survive any termination or expiration.

12. Governing Law & Jurisdiction

These Terms and any project engagement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms that is not subject to arbitration shall be brought exclusively in the state or federal courts located in San Bernardino County, California, and each party irrevocably consents to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

The parties agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or any project engagement informally before initiating formal proceedings. Either party may initiate informal resolution by providing written notice to the other party describing the dispute in reasonable detail. The parties will meet (in person or by video conference) within ten (10) business days of such notice to attempt to negotiate a resolution in good faith.

If the parties cannot resolve the dispute through informal negotiation within thirty (30) days of the initial notice (or such longer period as mutually agreed in writing), the dispute shall be submitted to binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules, with proceedings conducted in San Bernardino County, California. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.

The parties expressly waive any right to a jury trial in connection with any dispute arising out of these Terms or any project engagement.

14. Website Use

This website is provided for informational purposes about Datum Project Controls and its services. You agree not to:

• Use this website for any unlawful purpose or in violation of any applicable regulations.
• Attempt to gain unauthorized access to any portion of the website or its underlying systems.
• Introduce any viruses, malware, or other harmful code.
• Scrape, harvest, or collect data from this website using automated means without our express written permission.
• Misrepresent your identity or affiliation in any communication with us through this website.

Datum reserves the right to restrict access to this website at any time without notice.

15. Changes to These Terms

Datum reserves the right to update these Terms at any time. Changes will be effective upon posting to this website with an updated "Last updated" date. For active project engagements, material changes to these Terms will not take effect until the completion of such engagements unless the parties agree otherwise in writing. Your continued use of this website after changes are posted constitutes your acceptance of the updated Terms.

These Terms were last updated on June 1, 2026. The current version supersedes all prior versions.

16. Contact

Questions about these Terms of Service may be directed to:

• Datum Project Controls
• Email: info@datumprojectcontrols.com
• Phone: (909) 240-2816
• Service area: Los Angeles · Inland Empire · Orange County · San Diego