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David G. Axt, CCS, CSI ,SCIP
Senior Member
Username: david_axt

Post Number: 1362
Registered: 03-2002


Posted on Thursday, July 10, 2014 - 02:09 pm:   Edit PostDelete PostPrint Post

My client left me a message saying that THEY will take my specs and complete them. I had recently given them draft specifications for an "80% Pricing Set". The puzzling thing is that the architect did not call me to ask my permission to finish my specs and we certainly did not agree to that in my contract.

I contacted my insurance company who is sending me language to send to my client. The letter will say that I am not responsible for the specifications since I was not allowed to make further corrections/revisions.

Now comes the tough part of negotiating my fee!

Your thoughts please.
David G. Axt, CCS, CSI, SCIP
Specifications Consultant/Web Publisher
www.localproductreps.com
Richard Howard, AIA CSI CCS LEED-AP
Senior Member
Username: rick_howard

Post Number: 280
Registered: 07-2003


Posted on Thursday, July 10, 2014 - 03:42 pm:   Edit PostDelete PostPrint Post

Proceed as if the client has accepted what you have completed to date as the fulfillment of your agreement in full and bill them accordingly. They are obviously satisfied with your performance, or else they would not proceed with what you delivered.
Richard Howard, AIA CSI CCS LEED-AP
Senior Member
Username: rick_howard

Post Number: 281
Registered: 07-2003


Posted on Thursday, July 10, 2014 - 03:56 pm:   Edit PostDelete PostPrint Post

I should add that you are on the right side of the law. For any modification to a contract to be considered valid, all parties must agree to the subsequent changes. If any party does not agree to a contract modification, the changes are not likely to be enforceable.
Robin E. Snyder
Senior Member
Username: robin

Post Number: 549
Registered: 08-2004
Posted on Monday, July 14, 2014 - 03:55 pm:   Edit PostDelete PostPrint Post

What format did you provide the 80% in? Are they requesting Word files so they can complete the editing? You are well within your rights to ask for a document transfer fee if you are providing in Word format.
David G. Axt, CCS, CSI ,SCIP
Senior Member
Username: david_axt

Post Number: 1365
Registered: 03-2002


Posted on Tuesday, July 15, 2014 - 01:03 pm:   Edit PostDelete PostPrint Post

Robin,
I just gave them PDF files so I figure that they will just convert them.
David G. Axt, CCS, CSI, SCIP
Specifications Consultant/Web Publisher
www.localproductreps.com

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