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RE: When do you suspend service

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I will not ever add that statement to my plans without an agreement from
someone to pay for it. I specifically exclude it from my contract for design
services and state that if it is required by the governing body it will be
paid out of a retainer.

I personally don't think that I have to take a major hit or force my paying
clients to suffer because of deadbeats. Some may think that holding up a
project is inappropriate but I don't think it is appropriate for me to
finance someone elses effort. That is waht banks are for.

I do not even discuss field changes without a change order and agreement IN
ADVANCE. I have decided not to undervalue my services.

> -----Original Message-----
> From: Dennis S. Wish [mailto:dennis.wish(--nospam--at)]
> Sent: Wednesday, April 19, 2000 9:09 PM
> To: seaint(--nospam--at)
> Subject: RE: When do you suspend service
> Thanks Lynn,
> Although I appreciate the other advice I received, I have
> always followed
> your suggestion. Unfortunately, I don't know a good way to
> protect myself
> during construction since I have no formal contract with the builder.
> How do others handle observation, and other requested field
> changes during
> construction when the architect will not include them in his fees?
> Do any of you use a separate letter of intent during
> construction to inform
> the owner and contractor of your range of fees when required
> to perform
> certain services?
> On the latest project, the plan checker made me add a statement to the
> permit set that due to the complexity of the project, the EOR
> would make
> frequent visits to the job site to coordinate and observe
> various stages of
> construction. Now who pays for this?
> Any suggestions?
> Regards,
> Dennis S. Wish PE
> structures(--nospam--at)
> -----Original Message-----
> From: Lynn H [mailto:lhoward(--nospam--at)]
> Sent: Wednesday, April 19, 2000 7:41 PM
> To: seaint(--nospam--at)
> Subject: When do you suspend service
> Do not suspend service, ever (you may want to
> threaten, but don't ever really do it).  If the
> Contractor does not pay, you will have to take him
> to court to collect (small claims court if the
> amount is small).  I advise you do not hold the
> project hostage over design fees.  Too much to
> risk.  If everything you say is correct, you will
> probably win in court.  Chalk it up to the cost of
> doing business.
> Lynn
> "Dennis S. Wish" wrote:
> >
> > 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)
> > (208) 361-5447 E-Fax
> >