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Re: Contractor Errors

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Jim,

Brian sums the situation up pretty well.  One thing to add is we
specifically include contract provisions to address these types of issues
(not immediately helpful, but good for the future) in the initial contract.
This way all the necessary mechanisms are in place and a simple addendum
will cover the increased scope of services.

Our standard contract includes a detailed scope of services, specific
limitations and exclusions, and a section on additional services which may
be provided on a T&M basis along with our hourly fee schedule (Examples
include value engineering, changes due to unknown soil conditions, changes
due to contractor non-conformance, and so on).

It is in our own best interest to support our projects through construction,
and like you we rarely charge for minor fixes and assistance, but you have
to draw the line somewhere.

The only real point of difference I have with what Brian is saying would be
regarding the contractor hiring their own engineer to produce corrections.
This may be acceptable subject to our review and approval, if the contractor
consults another engineer to help them develop a proposed fix.  But the
project as a whole is still our responsibility, and any changes or
modifications would need to be performed under our purview.

Paul Feather PE, SE
pfeather(--nospam--at)SE-Solutions.net
www.SE-Solutions.net
----- Original Message -----
From: "Brian Spencer" <bspencer(--nospam--at)tgrwa.com>
To: <seaint(--nospam--at)seaint.org>
Sent: Tuesday, January 14, 2003 8:27 AM
Subject: RE: Contractor Errors


> We would typically produce a short contract for additional services
> outlining the scope of work to be done, with a brief explanation of the
> the circumstances and state that the corrections are going to be billed
> at our standard hourly rates.
>
> We would first talk to our clients (typically architects) and work out our
> scope with them.  Our invoicing would then go to our client.  They would
> then
> bill the contractor for our invoices and any of their time to correct
> anything.
>
> Otherwise, the contractor would have to hire his/her own engineer to
produce
> any corrections.
>
> Brian Spencer
> Tylk Gustafson Reckers Wilson Andrews, LLC
> 407 South Dearborn, Suite 900
> Chicago, IL 60605
> bspencer(--nospam--at)tgrwa.com
> http://www.tgrwa.com
>
> >-----Original Message-----
> >From: Kestner, James W. [mailto:jkestner(--nospam--at)somervilleinc.com]
> >Sent: Tuesday, January 14, 2003 10:02 AM
> >To: SEAINT
> >Subject: Contractor Errors
> >
> >
> >When the contractor makes a significant error, that causes you to
> >spend engineering time to solve, what arrangements do you make to
> >get paid for your extra effort? I am not talking about minor
> >errors that may only take a few minutes to solve and document but
> >something that requires hours of your time.
> >
> >Jim K.
> >
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