Proposal Question

Brickie

This morning I faxed over a proposal to a potential client. They signed it & faxed it back, however, they added a few things (hand written) that weren't in my proposal to them. They added:

"Ram to provide own liability insurance & wc insurance & to indemnify LPH, LLC from any claims arising from activites of Ram. Copies if insurance to be provided to LPH, LLC."

I always have copy of the insurance & wc on hand to provide the GC, etc.,. That's not an issue. The issue is that they put something in my proposal that I don't agree with. I don't agree to indemnify them from any claims. Why should I?

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“Ron Paul is one of the outstanding leaders fighting for a stronger national defense. As a former Air Force officer, he knows well the needs of our armed forces, and he always puts them first. We need to keep him fighting for our country.” – Ronald Reagan

Debookkeeper

Is this client another contractor?

Brickie

They are a design & build LLC

__________________
“Ron Paul is one of the outstanding leaders fighting for a stronger national defense. As a former Air Force officer, he knows well the needs of our armed forces, and he always puts them first. We need to keep him fighting for our country.” – Ronald Reagan

Debookkeeper

From what your are stating they wrote - it looks like they are just being overly cautious, and don't realize the certificate of insurance naming them as the additional insured is enough. This doesn't appear to have anything to do with payment, or anything.

alter_ego

The great thing about contracts is that anything can be added or crossed out as long as all parties agree with the changes, If yo don't like the changes they made you don't have to honor the proposal because it isn't the same as what you faxed. Its kinda like a counter offer on a real-estate contract. If you can live with their changes great, if you cant move on to the next one.

Brickie

No, I will not honor it. As you pointed out, it's not the one I faxed them. These people have been nothing but a pain, time to move on.

__________________
“Ron Paul is one of the outstanding leaders fighting for a stronger national defense. As a former Air Force officer, he knows well the needs of our armed forces, and he always puts them first. We need to keep him fighting for our country.” – Ronald Reagan

Peladu

Yea, but when I run into this and the customer writes something additional on the contract that I have no problem with, I will initial the areas of change....I once signed off that my guys would not park in the driveway and had to stay on the street....dumb things like that.....

Brickie

These people are the same people where in a previous thread that I posted wanted me to sign a waiver to use their crappy scaffolding that were requiring us to use. Way too many red flags with these guys.

__________________
“Ron Paul is one of the outstanding leaders fighting for a stronger national defense. As a former Air Force officer, he knows well the needs of our armed forces, and he always puts them first. We need to keep him fighting for our country.” – Ronald Reagan

Peladu

Brickie, consider yourself lucky then, at least they advertised how bad they are to work with. There are times you don't know until your guys are on the lot. Then you are wondering what the fastest way off of the job is .....
I have had this happen and when the time comes I say, "Sorry, but I just scheduled a big job for the same time line your job needs to be done." Then I explain that the other customer's contract was signed while they were still going back and forth with you....

RobertWilber

Look, we know you guys are planning on building a still here ... and distributing kiddie **** ... and having a baseball game in the Ming vase display room.
Just who do you think you are kidding here, anyway.
I didn't just come up the Clyde on a banana boat, y'know.
Lowlife contractors...

KD@Northeast

I don't see a reason why this would be offensive to any one. Why should LPH be held liable for something RAM did?

Brickie

In addition to my initial post they wanted us to "sign a liability waiver for use of their scaffolds."

I have my own scaffolding which is far superior to their motley collection of scaffolding. They insist on us using theirs since theirs is up & in use.

In any event it doesn't matter, they need to find someone else to finish their project.

__________________
“Ron Paul is one of the outstanding leaders fighting for a stronger national defense. As a former Air Force officer, he knows well the needs of our armed forces, and he always puts them first. We need to keep him fighting for our country.” – Ronald Reagan

KD@Northeast

I would agree with you on the scoffolding. You shouldn't be made to work on something you feel is unsafe

Brian

I get lawyers doing this all of the time. It makes them feel important.

Usually, they are doing very minor things, like changing "customer" to their name, changing "job site" to work site, or something like that. I usually accept their changes and find it amusing that they spent their time doing that.

Engineers also like to do it. They insert technical details that I usually omit for fear of scaring the average customer.

Brian Phillips

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