Good Lesson

 
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Old 06-06-2008, 01:11 PM   #1
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Good Lesson


Here is the quick version, got a job to reproduce concrete steps (interior) 3 million dollar house. agree on price, waiting for the deposit check, get a package in the mail requesting insurance info. no problem with that, however they also want me to sign indemnification agreement, which makes me responsible for anyone and everyone on the job who at any time get injured around my stairs , my responsibility. also a partial waiver and release with the hold harmless stuff throughout. my auto ins , everything to make the const co, project manager, homeowner completely protected, with me having all the exposure. they also state "work must be in full compliance with the LAW, PLANS, AND SPECIFICATIONS. now i am following architectural plans that they provided. they need to make sure that there drawings are code compliant. i sent off the paperwork to my attorney and ins guy . they said dont sign, had i known the paperwork requirements prior to pricing, i would have figured in time for my lawyer to review and rewrite there paperwork to my likeing. i put in a call to the PM, I WILL POLITELY TELL HIM I AM NOT COMFORTABLE WITH THE REQUIREMENTS. BALL WILL BE IN THERE COURT.

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Old 06-06-2008, 02:06 PM   #2
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Re: Good Lesson


Good luck, I'm sure by now you've learned to trust your gut (and your attorney).

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Old 06-06-2008, 03:34 PM   #3
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Re: Good Lesson


I'm hoping you didn't need this work to keep food on the table.

Every now & then we'll take on a higher maintenance client... but you've got to be careful. Maybe you specialize in dealing with this particular breed of humans, and can do OK... myself, I prefer the "normal" ones better!

It sounds like it would have been an awesome project though!!

~Matt
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Old 06-06-2008, 04:26 PM   #4
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Re: Good Lesson


Quote:
Originally Posted by genecarp View Post
. they also state "work must be in full compliance with the LAW, PLANS, AND SPECIFICATIONS. now i am following architectural plans that they provided. they need to make sure that there drawings are code compliant.
Do you have the most heartburn with the insurance or the requirement that your work be in full compliance with law, plans and specs?
I think it to be reasonable that the customer expects that you be in compliance. Even if they have a designer who makes a mistake and draws something not to code, as the professional don't you have the responsibility to ask a question and say this isn't right?
Now the error made in design may entitle you to a change order, because they screwed up design doesn't mean you have to eat it.

Just my opinion, am I that far off base?

Sounds like they asked for fairly common stuff for commercial work, probably an AIA contract. with the owner which is why they are passing it down to the subs,

p.s. OP, I really like your concrete furniture pics. Awesome stuff.

Last edited by Justbuilding; 06-06-2008 at 04:32 PM.
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Old 06-06-2008, 04:46 PM   #5
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Re: Good Lesson


Quote:
Originally Posted by Justbuilding View Post
Do you have the most heartburn with the insurance or the requirement that your work be in full compliance with law, plans and specs?
I think it to be reasonable that the customer expects that you be in compliance. Even if they have a designer who makes a mistake and draws something not to code, as the professional don't you have the responsibility to ask a question and say this isn't right?
Now the error made in design may entitle you to a change order, because they screwed up design doesn't mean you have to eat it.

Just my opinion, am I that far off base?

Sounds like they asked for fairly common stuff for commercial work, probably an AIA contract. with the owner which is why they are passing it down to the subs,

p.s. OP, I really like your concrete furniture pics. Awesome stuff.
this is residential work, not commercial, also if they asked me to design the project, no problem, i would find out exactly what the codes where design it, and charge them accordingly. this was not revealed until after price was given. you are not far off, its just that in this new age, everyone is looking to hide, as an example here, after i build the stairs, railings will be installed by others, if before the railings get installed a worker falls off the side of the stairs, should i be liable? this is how the aia contract was written.
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Old 09-19-2008, 09:04 AM   #6
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Re: Good Lesson


did you end up taking the job? You mentioned something that stuck w/ me-they made the requests after the price was set. Increased headaches deserves compensation!
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