Since we are currently living in a period of finger pointing mostly because people have little to do, surveyors have had to tighten up on their protection. We are also living in a time of slow pay clients which is a nightmare for small business.
In the trend that I am now starting to see turn around my clients that were Net 10 went to Net 30-45, my clients there were Net 30 went to net 60 and the clients that were Net 60 went to net 90.
Let me tell that was a long adjustment period, however I am starting see payments 10 days +/- earlier, so that is good news.
Surveyors have always been the first to be blamed in any situation. I personally think it is because we fail to take enough time to put the responsibility back on the client and we end up being baby sitters. There are many other reasons but this one jumped into the brain.
Below is a simple document I use in my contracts. My warlord of an attorney wrote it and as you will see it is geared toward keeping me safe. Pay close attention to the indemnity section.
If anyone viewing this blog wants to use it or part of it please do.
I am going to ask for input on this topic. I would love to see what everyone is using to cover them selves and really want opinions on the matter, so please speak your mind and please post your contracts in the comment section.
This is something that we in the private practice of surveying should be more diligent about. If we could get some uniformity then we would be safer as a whole and look a lot more professional.
The days of the good ol boy hand shake is over. It kind of bums me out.
Please see below.
Oh!! Be sure and tune in later in the week. I am going to attempt to load short tutorial video of some field procedures.
TERMS: PAYMENT DUE UPON COMPLETION.
No Third-Party Beneficiaries: This agreement will not be interpreted as creating any right or benefit of any kind or nature whatsoever in any third party or class of persons who are not parties to this agreement or who are not expressly designated in this agreement. Furthermore, no non-party will have any rights as against R.J.R. Surveys, Inc. or its affiliates with regard to this agreement or any services performed pursuant to this agreement.
Waiver of Jury Trial; Damages Limitation; Attorneys Fees: The parties waive any right to right a jury trial, treble damages, consequential damages, and punitive damages. The prevailing party in any dispute will be entitled to receive from the other party an award of attorney’s fees, costs, and expenses.
Indemnity: The undersigned will and does hereby agree to fully indemnify, defend, and hold harmless R.J.R. Surveys, Inc. (including its respective partners, officers, directors, agents, employees, attorneys, and affiliates) against all claims, damages, losses, and expenses incurred by such entities and persons, including, but not limited to, reasonable attorneys’ fees, court costs, and disbursements (i) arising from the acts or omissions of the undersigned and its partners, officers, directors, agents, employees, attorneys, and affiliates that are the result of any indemnifying party’s negligence or intentional acts and/or (ii) related directly or indirectly to claims of third-parties related to the services performed by or on behalf of R.J.R. Surveys, Inc.
Discretionary Arbitration: In the event of a dispute arising out of this agreement or the services rendered pursuant to this agreement, at the election of R.J.R. Surveys, Inc., which election may be made in its sole and absolute discretion, such dispute will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association then in effect using a single arbitrator and occurring in the County of Maricopa, State of Arizona.
Non-Disparagement: Notwithstanding anything to the contrary in this agreement or any other agreement between the parties, each party hereby agrees not to make, permit to be made, or facilitate or aid in the making of any public statement or disclosure about the other party, the contractual relationship of the parties, any dispute among the parties, or any matter related to any of the foregoing.
Personal Guaranty: By signing below, the signer absolutely personally guarantees the payment of all monies that may become due as a result or consequence of this written document. That in the event the services of a collection agency, attorney or filed lien are required to collect any sums due, you accept responsibility for such attorney, collection and lien fees and pay 12% interest APR on any amount that goes unpaid more than 30 days past due
__________________________________________ ___________________________________
Signature of Authorized Person Printed Name of Authorized Person
__________________________________________
On behalf of
__________________________________________
Date
Method of Payment: Please check one.
Check _____ Visa/MC _____ add 2% fee
Note: Files released upon payment in full.
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