The easy fix...
.. is in our Code. We remove doubt before the new relationship moves ahead. From our Rules of Professional Responsibility:
A Licensee or Certificate Holder shall not knowingly seek or accept employment for professional services for an assignment which another Licensee or Certificate Holder is employed, or contracted to perform without the currently employed or contracted entity being informed in writing.
Not sure how common this rule is, but I hold to it everywhere I work. It saves some awkward moments...
Paden
I went in the grocery store.
When I was checking out the manager came over and said he had seen me go in the grocery store across the street and he wanted to be sure I didn't have a contractual relationship with them before he would let me check out?
What the heck?
I would keep on working. Its the proverbial sour grapes. I might just take my client some doughnuts and coffee and a thank you card.
> .. is in our Code. We remove doubt before tThe easy fix...
> .. is in our Code. We remove doubt before the new relationship moves ahead. From our Rules of Professional Responsibility:
> A Licensee or Certificate Holder shall not knowingly seek or accept employment for professional services for an assignment which another Licensee or Certificate Holder is employed, or contracted to perform without the currently employed or contracted entity being informed in writing.
> Not sure how common this rule is, but I hold to it everywhere I work. It saves some awkward moments...
I'd think it's uncommon. If the client does not disclose the prior surveyor's contract (and he is not obligated to do so) then the new surveyor is ipso facto not knowingly seeking employment for services previously under contract.
This Code Responsibility edict is a paper tiger. If the client *assigns* the previous contract to you, then you must contact the previous surveyor in writing, but do nothing more. Then you can carry on no matter how much he bitches about unpaid bills, threatens litigation, etc. The dividing line between old and new has been created. You have *informed" him, end of story.
A "new" contract is not the prior surveyor's business and you can carry on without hindrance. The client is an idiot if he mingles an old (sour) contract with you; why would you assume an earlier contract's (apparently) obligations and fee structure unless it's at a discount or there are other ameliorating circumstances?
You're right though; in small ponds where everybody knows your name it's best to jaw with the previous surveyor at the next skeet shooting event or whatever, be upfront about what you know about the transfer and hear his end of the story, it could be quite amiable and illuminating. It might affect your approach to entering into the contract and he may have some useful data available to make your job easier, payment negotiable of course.
OTOH he may be a flaming never answers his phone (out of state) assh*le who screwed up the job so far royally, has been dunning the client for items not yet delivered, and the client just wants out and somebody else to do the job and get it moving. Not your problem. Screw that guy; if not informed by the client do not bother with the letter; if you were informed by the client send the letter and that's the end of it; negotiate the old contract so you have *nothing to do* with his contract (hard), or create a new contract (easy).
Clients have to move on when contracting goes bad, and you may be the guy who can service them. Big firms and government agencies actually have legal departments who are on top of this and can react to the smell test early and put the clamps on losing contracts, thereby saving dough in the long term. The law (in spite of your State's Code of Conduct) allows them to do so; switching vendors at will based on performance is how business should be conducted. You don't owe the previous surveyor one dime if they terminate him and if *taking over* a contract is how the paperwork works out you may have to send the previous surveyor a certified letter, defining the date, nothing more. You are not his collection agency.
> .. is in our Code. We remove doubt before tThe easy fix...
I agree with virtually everything you said. At the same time a letter disarms any valid case of 'you stole my client behind my back'. I am well aware it won't stop whining or sour grapes.