Would anyone please be willing to share a professional services contract that I could use as a draft/template? I have one from a previous employer, but it is 7 pages long which seems a bit excessive. I think it may scare clients away.
I thought NSPS had one, but I'm not seeing it on their website. I also checked our state society (AR), and I'm not finding anything there.
My email is [email protected]. Thank you!
With few exceptions, I have two kinds of clients: the ones who require the use of their own contracts (typically large corporations or public agencies), and the ones for whom a 1- or 2-page letter contract is all that's needed (usually small businesses or individuals). The contract offered by the California Land Surveyors Association is so full of legal boilerplate favoring the surveyor that I would never sign one as a client, so I don't use it. My typical letter contract is very basic (I'll do this, you'll do that, plus a bit of language required by state law) but has served me well for over 30 years.
I've never had any problem with a public agency contract, but I have run into some corporate contracts that were tilted unfairly in favor of the client. Most of the time I've been able to negotiate away the offensive clauses, but once or twice I've had to walk away from a job because the corporate risk management department wouldn't agree to change the language to something more reasonable. When in doubt, I ask my insurer to review the language, and when they say "Don't sign it" I don't sign it.
Sound advice.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
World's best client I had for three decades until I retired. Usually the first I knew about a new project was when he sent a note asking if I would please survey this site for him. No contract language, not how much, just please go do it. And then he would pay by return mail.
On one occasion when I blew a part of a topo by half a foot, and it was clearly on me, one of his managers told the contractor: Oh for Heaven's sake - just go fix it and quit bothering Bruce.
They, everyone in the office, including the office dog, were wonderful.
Hard to beat that!
When in doubt, I ask my insurer to review the language, and when they say "Don't sign it" I don't sign it.
I was wondering off and on over the past couple weeks if an insurer would supply a contract for me to use. I mean if they're the ones that would potentially take it in the shorts then I thought it might be in their interest to supply their clients with a solid contract.
Anyway, like the OP I'd be curious to see a short contract as well if anyone is willing to share.
I've attached a redacted copy of a recent letter contract as an example.
@bruce-small Do you happen to know if that client is still around, and if so, do they do work in Arkansas? They sound like the type of client we all dream of, haha.
When in doubt, I ask my insurer to review the language, and when they say "Don't sign it" I don't sign it.
I was wondering off and on over the past couple weeks if an insurer would supply a contract for me to use. I mean if they're the ones that would potentially take it in the shorts then I thought it might be in their interest to supply their clients with a solid contract.
I am using Assurance Risk Managers (ARM). I asked my agent if ARM provides any language to include, or if they provide any professional service agreement or contract drafts/templates? The answer was essentially "no, but here is a draft from ChatGPT". Then the agent added a disclaimer that they aren't a lawyer, and recommended that I have my lawyer review the draft.
It would be nice if they did provide a solid contract. I'm sure differences in state laws as well as ever-changing/new laws make that too much of a liability.
@jim-frame Thanks for the example! I really appreciate it.
My professional liability insurance carrier will give me a substantial discount on insurance premiums if I add a clause to my contract for a Limitation of Liability of $250,000. Have others come across this? What are your thoughts? I'm curious to see how many clients push back against that clause.
@arkansas-90 One of the biggest in Tucson. You know a client is wonderful when they take turns walking the chief morale officer.
When in doubt, I ask my insurer to review the language, and when they say "Don't sign it" I don't sign it.
I was wondering off and on over the past couple weeks if an insurer would supply a contract for me to use. I mean if they're the ones that would potentially take it in the shorts then I thought it might be in their interest to supply their clients with a solid contract.
The answer was essentially "no, but here is a draft from ChatGPT".
Ugh... that is funny and bad.
As far as the 250k limit I thought most bigger clients demand 1 or 2 million, but if all you did was smaller stuff then maybe that limitation works?
We foolishly took on a job ONE time for a company that was overseeing the documents for something like 250 convenience stores across the U.S. The contract was 19 pages of legalese that we were to read and sign AFTER reading the 44 pages of drafting and writing instructions that were to be followed PRECISELY. Their goal was to make every survey look like every other survey, no matter the State or City involved.
I did that once, too, in 1997, for International Land Services. Learned my lesson: never again.
I keep my proposals to one page. It states the property owner, the address, and deed reference.
It describes what we do, the estimated fee, retainer and expiration date, and endorsement by me.
It also describes the corners to be set, contents of the map, and the recording process.
Once the proposal is signed by the owner, and the retainer is received it becomes the contract.
When I see others using multiple page proposals with descriptions of various conditions, and restrictions, it makes me wonder why anyone would sign such a thing.
A professor once told me to simply describe where it is and what is needed to do, and I think that may be the best advice.
Historic boundaries and conservation efforts.
yup, ILS GIANT PITA
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As far as the 250k limit I thought most bigger clients demand 1 or 2 million, but if all you did was smaller stuff then maybe that limitation works?
That's the funny thing, it is a 1 million dollar professional liability policy, but they want me to include that $250k Limitation of Liability clause in the contract.
@arkansas-90 Ours is set at 100K max for all projects and we work on some big ones. Never had any issues but then i never really thought about it much until reading this thread.
As far as the 250k limit I thought most bigger clients demand 1 or 2 million, but if all you did was smaller stuff then maybe that limitation works?
That's the funny thing, it is a 1 million dollar professional liability policy, but they want me to include that $250k Limitation of Liability clause in the contract.
Interesting.
The Idaho survey conference was last week and one of the speakers mentioned calling his agent and bumping his coverage up for certain projects. I didn't realize that was possible. I wonder if it's possible to buy a 250k policy and then request 1 million for the projects that require it.