My client died

Log Out | Topics | Search Moderators | Register | Edit Profile

Author Message David G. Axt, CDT, CCS, CSI, SCIP Senior Member Username: david_axt Post Number: 2013 Registered: 03-2002 Posted on Thursday, April 13, 2023 - 04:21 pm:    Well this is a first for me. Yesterday, I was notified by an architectural firm that the main (and only) principal of a small architectural firm had died. This is very sad since he had a heart attack and was younger than me. I am not sure what is going to happen with the firm since there is no one in line for succession. I figure the firm may either dissolve (and workers will go to other firms) or another firm may buy them out. I have done a lot of work for this firm in the past but currently I am only working on one project. The bookkeeper/accountant has assured me that I will get paid. David G. Axt, CDT, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Lynn Javoroski FCSI CCS LEEDŽ AP SCIP Affiliate Senior Member Username: lynn_javoroski Post Number: 2321 Registered: 07-2002 Posted on Thursday, April 13, 2023 - 04:33 pm:    Sad circumstances; not surprising, though. Many small companies have no succession plan. David G. Axt, CDT, CCS, CSI, SCIP Senior Member Username: david_axt Post Number: 2014 Registered: 03-2002 Posted on Monday, April 17, 2023 - 11:02 am:    This begs the question about contracts. Since the principal signed my contract, is my contract (and other contracts with the firm's clients) now null and void? David G. Axt, CDT, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Lynn Javoroski FCSI CCS LEEDŽ AP SCIP Affiliate Senior Member Username: lynn_javoroski Post Number: 2322 Registered: 07-2002 Posted on Monday, April 17, 2023 - 11:08 am:    I'd think not, unless he was dead when he signed them. (grin) Loretta Sheridan Senior Member Username: leshrdn Post Number: 84 Registered: 11-2021 Posted on Monday, April 17, 2023 - 01:16 pm:    My understanding is that contract survives. If he signed it as an officer of an incorporated entity, the entity still exists until it is dissolved. Ditto, if it is an LLC. If he signed it as an individual, the contract survives until the executor deals with the estate. Ron Beard Senior Member Username: rm_beard_ccs Post Number: 490 Registered: 10-2002 Posted on Monday, April 17, 2023 - 04:13 pm:    Loretta is correct, contracts survive; even verbal contracts (subject to proof). Then, there is the Owner and the conditions of the Owner-Architect agreement. It has been my experience that all the contracts get renegotiated . The Owner may want another Architect, the new Architect may have or use another specifier, the MEP's may change, etc. But, as usual, its the specifier that is always last in-line. "Fast is good, but accurate is better." .............Wyatt Earp