An edited email I just sent to my attorney:
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I hope that you and yours are doing well.
This is just a heads up message. ?ÿI do not need your services yet, and I hope that I will not in this case. ?ÿBut, in case I do need your help in the coming weeks, I wanted to give you a little time to at least be a little prepared when / if I do.
Short version of the story:
I was hired to do a survey. ?ÿI have a signed contract for $31.5k and have received a $15,750 retainer fee.
I have been working almost daily on this in the office and have drummed up additional field support in preparation to get boots on the ground as soon as the weather breaks.?ÿ
We have expressed to the client that we anticipate completing the survey in mid to late March. ?ÿIt is a 32 acres site here in town.
Today the client called me.
I told him that I have been working on this almost every day these past two weeks doing research and plotting deeds, plats, and surveys getting ready to start the fieldwork on this project for him. ?ÿI told him we were scheduled to start fieldwork today with the small army of field crew help I have lined up.
He said, ??I hate to hear that.? ?ÿ
He said ??so and so? (a good quality local friendly competitor who I like and who does good work, and who probably is unaware that I have a signed contract with this client) can have it all done by?ÿMarch 3.?ÿ?ÿ
I told him that I am surprised that anyone can get any surveying done in these conditions.
He was worried that I might have hard feelings. ?ÿI told him that I understand.
He asked how much money I had in it. ?ÿI said, I don??t know, I will have to go look at the computer. ?ÿI told him that once I do get that figured out, I will send the research I have done to him and to ??so and so?, so at least he gets some value for the money I am keeping.
~
I am now in no hurry to return any of the retainer fee.
I am going to take a week or two to decide what to do with the $15k. ?ÿBesides going back and accounting for the past two weeks of research time & expense. ?ÿAs well as time spent thinking about our plan of attack and plotting the deeds, plats, and prior surveys in anticipation of hitting the ground running for this aggressive schedule.
We (including my small army of support), have lost other work opportunities that we have either dismissed or not pursued in order to attempt to beat the anticipated mid to late March deadline.
Please stay tuned. ?ÿI will keep you posted.
~
I will appreciate hearing your thoughts, my fellow beer-leggers.
Frankly, I am relieved.?ÿ One, because this will clearly be a PIA client over time, and B, my current workload is still quite robust.
Here in NY it would be against the NYSAPLS cannon of ethics to supplant another surveyor actively engaged (as you are).
Once the other surveyor learns that you had a signed contract and time invested into this, they will likely drop that client like a hot potato. I would. It's unethical to take over a project from another surveyor without their full knowledge and consent and he would be leaving himself wide open to a board complaint should he proceed. Just my two bits. Carry on.
Just because I'm paranoid, doesn't mean they aren't out to get me.
never return any part of a retainer
a retainer is not a deposit or partial payment...
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*but maybe your signed contract does not say Retainer.
Maybe your attorney will charge you $15,750 for reading your email.
I agree with all the above. F-him. Keep all the retainer it is a not a deposit. I would though hand over the research (to the owner), he did pay for that. I would also notify the other surveyor of all these red flags and question them directly if they knew you were already under contract.?ÿ?ÿ
Looks like this topic was covered at your society's recent 2020 January conference....page 14.
N10,000, E7,000, Z100.00 PLS - MO, KS, CO, MN, KY
Could be worse.?ÿ You get your crew together and arrive onsite to discover fresh flagging and new bars all over the place with Mr. Nice Guy's caps/tags.?ÿ Meanwhile you have spent more than the retainer getting to this point, which happens quite frequently.
I've been on both sides of that coin.?ÿ Both times with absolutely no communication from the client about bringing someone else onboard.?ÿ He thinks he wins because he got his job done sooner than it would have been otherwise.?ÿ Later, he learns that spending time in court attempting to defend himself for hiring two firms instead of just one is not the brightest idea he ever had.
He asked how much money I had in it.
$15,750. ?????ÿ
Fhim, thats an Irish Name isn't it??ÿ Aye northern too i believe even, possibly the cousin to F'que!?ÿ 😉