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Agree to agree

1829 Views 3 Replies 4 Participants Last post by  Zinsco
Working for a General Contractor who signs my Agreements, which are short but to the point. When his customer wants a change I assess the request Design and make a drawing to scale, price the change properly. Submit breakdowns in the price and show how it amends the original agreement and Draw schedule. Most of the time I e-mail him the whole ball of wax. He will call me and try and negotiate the price. I'm use to that stuff but once he sells the change to the customer he never returns a signed copy of our change document. If we don't have this change order signed and in my possession it makes it difficult to schedule and proceed. If I pick up and move that always cost me money. Lately I email him after phone negotiations, ask him if he sold the change yet and is he clear on all aspects of it. His last e-mail said no reason to go over this any more we both know what's in it. You can do it you don't need anything from me.
Now I look at that e-mail as agreeing with my change agreement, and if he doesn't give me the signed copy back I still have a binding deal. I know I wish I had more but if that's what makes him happy and I have a binding agreement with that e-mail he sent I'm just find with that.
Anyone have anything else to add to this. Or experiences like this.
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we can agree that a signed CO IS best, but I accept email acceptance for prop's/CO's for one particular commercial account with which I have a long standing good relationship. The difference in our situations may be that the commercial account is national and they have money set aside for the maintenance issues whereas if you're working for a GC who's balancing the balls for a HO w/ the funds, the GC may cut you off b/c of lack of funds at the final. My acceptance for the commercial account includes explicit wording; i.e. "I accept the proposal" is ok with the proposal at the bottom of the replied to email...."go for it" with the project name as the header does not cut it.

cover your butt and feed your family.
There is a reason the CO has a place for signatures.
My policy is that I be paid for extras prior to me doing the extra. If they seem unwilling to pay for the extra it's best to discover their reluctance before doing the work. Not paying for extras is a time honored tradition in contracting, so I take the money up front.
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