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Re: I Got Th' "Eagle Done Flew" Blues!

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David brings up an interesting point. I have always been under the impression that as professional service providers we cannot issue a mechanics lien, we do not have the same lien rights as a contractor. I am sure it probably varies from State to State.

Paul

----- Original Message ----- From: "M. David Finley, P.E." <pec(--nospam--at)isgroup.net>
To: <seaint(--nospam--at)seaint.org>
Sent: Thursday, March 17, 2005 7:29 AM
Subject: Re: I Got Th' "Eagle Done Flew" Blues!


Unless you have authorization in writing for the subsequent phases, it seems to me that your only firm ground is the original contract for which you apparently were paid. They can claim that ya'll never had a verbal agreement on the amount of the additional work.

Nevertheless, if you don't mind ticking off the architect, keep nagging them in wiritng, with phone calls, and by personal visit.

A last resort option: Does Texas have a mechanic's lien law or small claims court?

David Finley



----- Original Message ----- From: "Bill Polhemus" <bill(--nospam--at)polhemus.cc>
To: <seaint(--nospam--at)seaint.org>
Sent: Thursday, March 17, 2005 9:55 AM
Subject: Re: I Got Th' "Eagle Done Flew" Blues!


M. David Finley, P.E. wrote:

Bill,

Two questions:

1) Was your invoice only for the original "fixed fee" or did it include any additional charges not addressed in your original signed contract?

I submitted four invoices in total, each as I completed various phases of the work.

For example, my first invoice was for the "original" contract. Subsequently, I did some revisions at the request of the Contractor--revisions that I thought were unnecessary, and I indicated this to all involved, but when they insisted upon the work, I did it and billed them accordingly.

After that, I billed for the corrections to the structural deficiency.

I also billed for a field inspection (which uncovered the fact that the structural deficiency repairs were not being done correctly).

2) Do you want to do any future business with the architect and/or the architect's client?

I would like to, but I don't know that it's possible. The Architect doesn't like the fact that the Owner, a long-time client, was "mad," and blames this squarely on me. It may be that we do no more work together because of this.

Apropos of nothing: I recently had an "interview" with a potential Architectural client, a small firm that does very "artistic" work (the partners are a married couple who are Dartmouth graduates, have a daughter currently attending Sarah Lawrence--you get the idea).

Anyway, the wife remarked that they never bill "lump sum" any more. It's ALWAYS hourly. They don't pad their hours, according to her, but they insist on billing hourly and if their clients balk at this, they can go somewhere else.

"We got tired of the nickle-and-dime crowd," she explained.

Oh, to have that luxury!

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