Structural Engineers contract not signed by client

[CAOranger]

Hello,
I am a structural engineer intially hired by an architect but supposed to be contracted with the owner. I mailed the contract to the owner while my work was in progress, Now the plans have been submitted and building permit has been pulled, the client (owner) has not yet signed the contract, and has not paid my invoice. It has already been more than 1-1/2 months.

Client (owner) says I delayed the project by not producing the calcs and drawings in time, which I believe has no basis and have told the client so.

It appears that the client is a risky client, and may create problems in future. So, I would like to withdraw my drawings and calculations and notify the building department of this intent, regardless of whether the owners pay me or not.

Please express your thought on this regarding legal ramifications.

 

[fixitall]

Hi,

I run a construction business and deal with many difficult customers. It sounds like you have probably already learned the lesson of communication, communication, communication! I try to be very careful to to stay in close contact wih the customer in regards to project milestones. E-mail is a very good tool for documenting understandings.

Before resorting to the legal route, I would suggest the cautious, humble route and ask the customer what he or she thinks should be done to get things back on track. Use a letter or e-mail and describe the full situation as best you can. If you don't get a response within 5 days, then send a second communication stating that you did not hear from him and that you assume that the relationship is terminated and request payment of your invoice and the return of your materials by some specific date. Be sure to tell the customer that, if you are mistaken, you would certainly like to heear from him or her.

What you will have accomplished is to DOCUMENT the process and if you decide to go to small claims court, you will win!

Ed

 

[eck]

Common Problem,

Many times clients want the work yesterday and push as hard as they can to get you to give them a deliverable. After learning this hard lesson over and over we now begin work with receipt of a signed contract and fee deposit from the owner or agent responsible for paying. The contracted schedule, scope and fee arangements are in the contract and if they sign 3-months late we begin work three-months late.

Even a seemingly good client will accept the deliverable and make you wait 60-days or more for payment. When delays occur it is always the engineers or architects fault in the eyes of the contractor.

It may be tricky after the permit is obtained but we have on occasions had to beging the process of withdrawning a clients application for failure to pay. When they realize they are going to loose it all they pay quickly.

Good Luck,

Eck

 

[LSThill]

CAOranger (Structural)

In the late 1980 look for the artical's: ENGINEERING & LAW.

If you are a P.E. Professional Engineer and you have P.E. Stamp and seal the work. Prepar a Professional Mechanical Lean, and submitted to the court. You will be the first one to be paid in the settlement.

Leonard@thill.biz

http://www.thill.biz

 

[n1cq]

CA Oranger,

I think all small practioners have learned this lesson the hard way - you don't learn how to deal with this in college!

Clearly, the architect/client are trying to diminish the vlaue of your work by using the classic "project delay" argument.

Here are the possible scenarios:

1. Follow fititalls advice and craft a frank letter to the architect/client telling your story. They'll either ignore you or respond with a greatly reduced sum of money as a compromise. I would guess the latter may occur.

2. If you "pull" the prints from the Building Dept., they could end up sueing you for additional delays - believe it or not. Then, you'll have to hire counsel - yet this may work - the bluffing game will then be started. You have to really careful though.

3. Do nothing - continue to send periodic invoices - and wait.

Next time, plan staged payments at milestones so that if things go unpaid, at least the amount of work "wasted" will be limited.

 

[darth051]

Have you considered contacting a lawyer regarding whether you can file a lien against the project? From what I have read/heard in the past, that would be the proper way to proceed in the jurisdiction (Ontario) that I am in. Of course, it would depend on the laws in whichever jurisdiction you are in.

 

[n1cq]

CA Oranger,

I think all small practioners have learned this lesson the hard way - you don't learn how to deal with this in college!

Clearly, the architect/client are trying to diminish the vlaue of your work by using the classic "project delay" argument.

Here are the possible scenarios:

1. Follow fititalls advice and craft a frank letter to the architect/client telling your story. They'll either ignore you or respond with a greatly reduced sum of money as a compromise. I would guess the latter may occur.

2. If you "pull" the prints from the Building Dept., they could end up sueing you for additional delays - believe it or not. Then, you'll have to hire counsel - yet this may work - the bluffing game will then be started. You have to really careful though.

3. Do nothing - continue to send periodic invoices - and wait.

Next time, plan staged payments at milestones so that if things go unpaid, at least the amount of work "wasted" will be limited.