written contracts--minimum

[MikeTurnrose]

It has been my understanding under California law that there has to be a written agreement for survey work to be done. I have been asked to prepare a legal description that will not require any field work for a repeat client. It's a very simple dedication. I verbally quoted him a small fee. He said that's fine and to do the work. This is a new project where I haven't done any prior work. I haven't had any payment receipt issues with this client with prior work. I've done this same thing before for this same client on a different property. Is it necessary to draw up a written agreement for small stuff when just preparing an invoice would be fine?

[Lee Hixson]

I recommend doing at least a minimal agreement. Over the years I have developed my own, plain language, agreement incorporating all of the main points that need to be there. Most of the time it will fit on one page, sometimes going to two. On the really small jobs I might just cut & paste it directly into an email and ask the client to send me back a reply indicating they accept my scope and fee. Then I print out two copies and we both sign each copy the next time we meet.

It might seem like a pain for the small jobs, but do it anyway. Not just because we are supposed to, but because it avoids misunderstandings. Once you get a template down, it's just a matter of tailoring the wording to cover the unique scope for the present project. I spend maybe only 20 minutes on most of the simple ones.

[pls7809]

I think 8759 (b)(2) would apply...(oops maybe not)

(b) This section shall not apply to any of the following:
(1) Professional land surveying services rendered by a licensed land surveyor or registered civil engineer for which the client will not pay compensation.
(2) A licensed land surveyor or registered civil engineer who has a current or prior contractual relationship with the client to provide professional services pursuant to this chapter, and that client has paid the surveyor or engineer all of the fees that are due under the contract.
(3) If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required.
(4) Professional services rendered by a licensed land surveyor or a registered civil engineer to any of the following:
(A) A professional engineer licensed or registered under Chapter 7 (commencing with Section 6700).
(B) A land surveyor licensed under this chapter.
(C) An architect licensed under Chapter 3 (commencing with Section 5500).
(D) A contractor licensed under Chapter 9 (commencing with Section 7000).
(E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
(F) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates.
(G) A public agency.


Actually the way I am reading this, a written contract is not required when performing work for engineers, surveyors, architects, contractors, geologists, geophysicists and public agencies. Am I right?

[land butcher]

Things were much easier, friendlier, and less costly before the phucking attorneys started being punched out of law schools like pints of water over Niagara Falls and had to manufacture cases to create work for themselves.

[Dave Karoly, PLS]

You don't understand, we are hoping to sue ourselves into prosperity with all of these attorneys.

[LA Stevens]

In the members area under downloads on the CLSA website, they have both the "standard contract" and a "small project contract".

[LA Stevens]

After I have the main agreement signed, I just fill out an "Addendum to the Agreement, dated ??-??-????". I use my Exhibit A from the Standard Agreement with the new description of work/estimate/timing/project site/T&M/retainer and put a signature blocks at the bottom for us to sign and date.



If you have a client that you do a lot of small jobs for, I'd suggest you get them to sign an agreement to provide professional services with project sites and estimates to be provided at futures dates by addendums to the agreement.

[land butcher]

You don't understand, we are hoping to sue ourselves into prosperity with all of these attorneys.

Oh, ok. You are right I didn't know that. Thanks for the enlightenment.



I like in the list of "no contract needed" Attorneys are not listed. LOL

[E_Page]

Just read 8759. All of your questions are clearly answered there.