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Re: When do you suspend service

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Dennis
 
My 2c worth.
 
It sounds to me to be a breach of contract on the part of the Contractor and I assume that there is a clause in the contract that covers such breaches by either side.
 
Whatever you do, document it, consider the mutual consequences and then send formal notification of the breach of contract ( and the downstream effects) on the part of the contractor to all parties exposed to impact.  I.e. the "Strategies of War" apply in this situation.  Be careful of whom you target first so that the next in line is not the one who will get you! 

Thor A Tandy P.Eng, MCSCE
Victoria BC
Canada
e-mail: vicpeng(--nospam--at)vtcg.com
 
----- Original Message -----
Sent: Wednesday, April 19, 2000 6:21 PM
Subject: When do you suspend service


The engineer ends up with three projects originating from three architects.
Each architects work agreement has been completed at issuance of permit. The
projects have been awarded, by chance, to the same construction company. The
projects are in staggered stages of progress.
The contractor has failed to pay for engineering services incurred to
correct unauthorized changes that were made in the beginning of the first
project. The work has been billed, all hours verified and approved by the
the architect (chosen to independently review the charges by the
contractor).
Payment, although not large, has not been received (past 45 days) and the
contractor is requesting additional services for next week.
At what point can an engineer suspend all work (potentially halting each
project) to demand payment? Inasmuch as these are three separate projects
which must be managed through the same contractor, is the engineer
responsible in any way for delays incurred in those projects that become
"innocent bystanders" due to the contractors negligence?

Regards,
Dennis S. Wish, PE
Structural Engineering Consultant
structures(--nospam--at)engineer.com
(208) 361-5447 E-Fax