October of last year, out-of-town new client needs an ALTA, and naturally they need it fast. Given the short schedule, I send a lump sum price with an appropriate premium, they agree, and I get to work. A bit over halfway through, their deal falls apart, they have me stand down, no indication this will resume. I bill 50% of the agreed amount, but I don't have much work product to give them. Either way, they pay.. the end.
Today, same client returns.. Their deal is back on. Their first question, will I complete the survey for the balance of the original contract? I know that I cannot, but I am struggling how best to respond to this, and how to fairly quote the work again. I would need to repeat a lot of what I've done already, but then there's a fair bit I don't. Deed plots and research would still be good, I expect control will check out fine, but I'll need to get refresh and get reacquainted with the research and will want to retie the boundary.
If the break in time were significant, or it was a different client, would be no question we're starting from 0. But the same client, who already paid quite a bit, just a few months later? How best can I reasonably explain that we can't just slot right back in and wrap it up on the same schedule and fee?
Costs rise, overhead and equipment costs rise, do you expect me not to have to refresh myself after not opening the file for months or more? Where is the updated title commitment? Has anything changed?
A clause from a contract form I've used that deals with this sort of situation....
4 months isn't much of a delay, happens around here constantly. With that said, for an ALTA survey it can be a little more complicated depending on the site. If it's a vacant site with no activity, why can't you just pick back up where you left off + a little for the hassle, like 10%.
If it's an active site with tons of things going on, then yes you pretty much have to start alot of the work over and the cost should reflect that.
What WA-ID said. If vacant I'd visit the site and walk the boundary just in case the adjoiners have been active, so say 50% and a little more. If occupied a careful walk in and around, then 50% and some more for the careful walk.
ps Never give a client the impression you are sticking it to them - they don't like it. and they will remember come referral time.
