Potential client is "Builder", wants fee quote to stake houses, set lot corners, etc. in existing small lot subdivision. No mention of how many houses; maybe one or two, maybe more. I have done the boundary, construction stakeout, lot corners, houses, etc. here for 125+ lots so far, during about 10 years; so I have no problem quoting that I have done XXX tasks for these other builders here for $XXX. Builder: "sounds good, I'll send you some papers." Well, usually I send a "Surveying Services Agreement", but I'll go along. I get an email with attachment: 22 pages of certifications, waivers, etc. OK, some make sense: W9, insurance forms, Workmans Comp. Some were funny: "Rules...no smoking, no alcohol, no spitting, no vulgar language.." (agree, sign here); (has this guy never been around Surveyors?)
some I don't get: "Automobile insurance, 1 mil." I'm not operating his vehicles, or driving on his property, so why...? Affidavit re: no illegal aliens.. But some were disturbing: "I hereby waive any right to file any Mechanics Liens or other actions..." (agree, sign here); Warranty: I hereby certify a one year warranty..." What, if the fence guys tear out a corner I must replace it? Builder may require that I prove that all payroll, materials and equipment have been paid before I receive payment.." what if I'm still paying for equipment? And on and on, more warranties etc. At the end: "Contractor should consult an attorney to review these documents..." Like I can afford an attorney for the potential of a few hundred dollars in profit for some simple Survey work? Anyone suggest how to deal with this kind of stuff, or should I just tell him " How about you just get your attorney to do the survey work, he seems to have way too much time on his hands..."
Turn it down. Life is too short to put up with all that for too mush liability and so little pay.
i would sign the waivers that I can live with and put NA in those that I couldn't. If they don't like it then they can find someone else.
Send them your normal survey services agreement with a note indicating this is what you will do if hired. Don't go losing any sleep over it.
>"I hereby waive any right to file any Mechanics Liens or other actions..."
You are joking right? Add a requirement that all survey related services (+15%) will be pre-paid via cashiers check 5 days in advance of scheduling.
Walk, no, run away from this unless you can negoiate more reasonable terms. I suspect what he sent was "standard" for all contractors. Ask to modify it, set your fees accordingly, or send him away.
Would you have fun sending 22 pages back to him? I'm sure you could get some real great ideas from everybody here:
I've read the one about charging a few thousand for every control point destroyed.
How about an additional fee if a pile of dirt is in the way?
72 hours notice on all requested site visits. Exception for a fee.
As far as his paperwork, there is a reason they make shredders and another reason why you do not want to take on every client.
Send back
44 pages of your own 'waivers'.
A few years back I got one of those many page waivers from a one of the local "7000 to 13000 square foot summer cottage in the Hampton's" builders that I do a lot of work for. With an additional waiver that he wanted to be assigned to my liability insurance so if there was an accident on the job that was not my fault and we were not even at the site at the time that he would use my insurance to fight the case before he used his insurance.
I called him up and said WTF is this! A moment of silence. Then, "You should not have gotten that. You are a professional, that was mend to be only sent to the trades."
Just something to think about.
I would just prepare my standard 2 page contract and send it to him. He can have his lawyer look it over if he wishes. I would not sign away lien rights without full fees paid prior to scheduling the work.
I wouldn't lose a minutes of sleep wondering if or when a signed contract might be received. All a 22 page contract for a small job means is, everyones butt is covered, except yours. You are just being setup as the patsy.
If he wants you to waive the right to file a lien, he should pay up front.