Hello fellow Professionals! So here's a current situation: A potential client contacted us to inquire about services. We had a pleasant conversation (about 1/2 hour - a bit longer than I typically spend with a potential client). He provided some information via email, which he had gathered on his own (deed, adjoining property survey map...). I provided a proposal which outlines the services we provide, cost, time-frame. This is his response:
You ask some great questions.?ÿ You have found one of those rare birds, a client who somewhat understands that what you are doing may be complex.?ÿ On the other hand, he wants you to thoroughly educate him so he can approach other survey firms to find a lower estimate and a quicker turn around thanks to all the information you are supplying him.?ÿ The legal question is a doozey.?ÿ Skip that one as if it didn't exist.
I'd thank him for his inquiry and tell him that I'd get back to him when I had available time.?ÿ Also express regret that these questions were not addressed?ÿ during your 1/2 hour conversation.
Run
Results are what they are. I can promise to do a professional job meeting the standard of care, but I cannot promise a particular result.
This is a good one.?ÿ The prospective client doesn't seem to be asking anything out of the ordinary...other than the fact that I smell an attorney.?ÿ But "fear of attorneys" is something I got over in my career.?ÿ They're just run-of-the-mill assholes with a Juris Doctorate.
First you need to ask yourself if how confident you are of your own work.?ÿ Next you need to figure out if you can do everything you need to satisfy the client for the price you've thrown out there.
It will be a great experience.?ÿ If you turn down the work I think your confidence might suffer.?ÿ Mine would.?ÿ So don't run.?ÿ Do the survey.
I didn't say you'd necessarily make any money of it, but it would be a great experience.?ÿ ;)?ÿ?ÿ
A wise man once said, ??I never lost a dollar on a job I did not get/win.?
I'd say this fisherman has already been out and landed a mullet and is now working out how to get the charter company to turn it into a marlin.
I do not see any obligation to respond if you do not feel it is a worthwhile expenditure of your time.
My favorite Lawyer joke:?ÿ
Client: If I give you 500 dollars will you answer three simple questions?
Attorney: Sure thing, what are the other two?
If they were questions about a survey they had paid for, then maybe. Funny that they hit the fast, cheap, and good venn diagram though.?ÿ
I posted a few weeks ago about a potential client who after a few phone calls and emails, I figured wouldn't be worth getting involved with.?ÿ I told her we were too busy, and that was it.?ÿ And I haven't regretted it at all.?ÿ
This guy seems like he's going to be a handful.?ÿ?ÿ
I can appreciate a potential client who is somewhat educated about his needs, expectations and desires.?ÿ And (in a professional sense) I don't mind stepping into a potentially volatile situation.
A short answer back to him would be that most of those questions can be answered subsequent to him hiring you to determine the facts.?ÿ Your time and expertise are not free.?ÿ Perhaps you can utilize an hourly rate to discuss those questions and prepare a project proposal.
But I am not "completely overwhelmed, understaffed and overbooked" as you seem to be.
My $0.02 and YMMV.
Good luck!
Maybe just tell him you would be willing to delve into those questions for him if he wants to provide you with a retainer to cover your time, but your paying clients require you to prioritize your time for them. Turn the table on him.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Aside from the time frame question it looks like a bunch of stuff that isn't even relevant to the matter at hand-- "Do you need a survey or not?".?ÿ Suggesting a retainer seems like a good way to go from here.
I think the best answer for the first question is two part.
1) My determination of the boundary is my professional opinion of the property lines based on the facts I find through thorough research of record documents and the evidence gathered in the field.
2) The only way to make that determination legal would to be to take it to court and have a judge or jury rule that my opinion is in fact the legal location of the boundary.
I had much the same thing happen the other day. After the half hour on the phone, the second phone call I told her my billing rate and sent a PSA to cover a meeting in our office or over zoom.?ÿ
The client actually did it. If I am getting paid, it takes a lot of the pain out of the endless questions.
- Crossing your fingers and hoping that he does not sign your proposal wouldn't be unethical or irresponsible.?ÿ Been there done that.?ÿ
If I were responding I would point out all of the questions he has asked and all of the things he wants answered are complex and have nothing to do with lot size. I would also try to ask why he thinks his small lot size should lower the cost when it has no relevance to all of the items he wants addressed.
Seems like a reasonable client.?ÿ Assure him your services will include a comprehensive records search and thorough field survey, with all mandated filings and recordation requirements fulfilled.?ÿ
I'd guess it'll cost me a a grand or two of effort even on a small lot to assume liability for my work, so offer him a 4 grand estimate to cover the "gotcha" surveys where you have to double your effort to do it right.
He'll probably bail at the price and find a jackleg surveyor for cheap,?ÿ but when the big money is in play developers consider the surveying cheap change so the ROS/Subdivisions costs are folded into construction control,?ÿ like $20 grand for the boundary and $150,000 grand for the next two years of T&M construction control.
So play your cards carefully.
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