RAS Engineering is a professional engineering company serving building managers and owners by providing advice, oversight restoration, and testing to ensure that all components of a build’s exterior and structure meet the standards necessary to provide quality durability and safe protection against the elements.
Forensic TERMS AND CONDITIONS
Section 1 - General
1.1 This Agreement
1.1.1 These Terms and Conditions, along with the Letter Agreement, form the Agreement as if they were part of one and the same document. Unless otherwise specified, this Agreement shall be governed by the laws of Florida.
1.1.2 The Letter Agreement may modify the applicability of these Terms and Conditions. To the extent of any conflict, the Letter Agreement shall control.
1.2 General Obligations of the FE and Client
1.2.1 (1) The FE and Client agree that the FE will provide its best professional thought and judgment in performing the agreed services, and that no other warranty, responsibility, or liability shall pertain.
(2) The FE is retained by the Client for a limited engagement as an independent consultant, and this engagement shall not in any way limit the FTE's normal practice of engineering and testing, provided such practice or client selection does not represent a conflict of interest.
1.2.2 FTE shall be provided all pertinent information by Client, to the extent that it is available
1.2.3 All documents prepared by the FE are instruments of professional service and remain the property of the FTE. Any reuse of these documents or the information contained therein is prohibited without the express written consent of the FTE.
1.2.4 The FE agrees that all information obtained from the Client is privileged and confidential and will only be released under the condition of specific court order, subpoena, or expressed written permission of the Client. The Client will be informed of any request to produce documents or other evidence.
1.2.5 The FE agrees to inform and advise the Client of the retention of any special consultants, testing, trial exhibits, or other exceptional expenses it deems necessary in the interest of the case.
1.2.6 The FE shall routinely keep the Client informed of the status of the investigation. All reports shall be oral except when written reports are specifically requested by the Client.
1.2.7 The Client shall provide all necessary legal counsel to the FE with respect to all laws, ordinances, or regulations pertinent to the case or to the services provided under this Agreement if applicable.
1.3 Definitions
1.3.1 Forensic Testing Engineer (FTE). An engineer with specialized knowledge, training and experience in the materials performance, building sciences and mathematics relating to evaluation of testing results.
1.3.2 Engineering Expert. An engineer who, through training, education, experience and knowledge is recognized by his peers to possess specialized information on a given subject matter.
1.3.3 Client. The "Client" is the person or entity named in this Agreement.
1.3.4 Reimbursable Expenses are expenses incurred directly or indirectly in connection with the project, such as, but not limited to, transportation, meals, lodging for travel, long-distance telephone calls, and facsimile transmissions, overnight deliveries, photographs, exhibit materials, courier services, fees paid to consultants or other supporting services, sales taxes, and reproductions.
Section 2 - Basic Services
2.1 General
2.1.1 The services of FE are defined in the letter to which this document is a supplement and may include, but are not limited to, the following work elements:
(1) Perform On-site and Lab testing;
(2) Calculations and Analysis of testing results comparing them to Codes and Standards;
(3) Produce a Forensic Testing Report;
Section 3 - Additional Services
3.1 General
3.1.1 Services beyond those outlined under Basic Services may be requested. These additional services may be provided by the FE under terms mutually agreed upon by the Client.
(4) Consultation in preparation of the case; and
(5) Testimony in depositions, hearings, and/or trials as needed.
(6) Review of original construction documents, including construction phase documentation (change orders, field orders, observation of construction reports, etc.);
Section 4 - Fees and Payments
4.1 Fees and Other Compensation
4.1.1 Fees for Basic Services, Additional Services, and Compensation for Reimbursable Expenses are set forth in the Letter Agreement.
4.1.2 Under no circumstances shall fees be considered to be contingent upon or related to opinions or conclusions of the FE or the outcome of the case.
4.1.3 Out-of-town trips will be billed as eight (8) hours per day for every full day away from the SE's usual office of practice, or actual time spent on the case plus travel time from port to port, whichever is greater.
4.2 Payments on Account
4.2.1 Invoices for the FTE's services shall be submitted, at the FTE's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered PAST DUE if not paid within 30 days after the invoice date.
4.2.2 Retainers, if applicable to this project, shall be credited to the final invoice.
4.2.3 Any inquiry or questions concerning the substance or content of an invoice shall be made to the FE in writing within 10 days of receipt of the invoice. A failure to notify the FE within this period shall constitute an acknowledgment that the service has been provided.
4.3 Late Payments
4.3.1 A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowable by law on the then outstanding balance of PAST DUE accounts. In the event any portion of an account remains unpaid 90 days after billing the Client shall pay all costs of collection, including reasonable attorney's fees.
4.3.2 In the event that any portion of an account remains unpaid 30 days after billing, the FE may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of all services.
Section 5 - Insurance, Confidentiality
5.1 Insurance
5.1.1 The FE shall secure and endeavor to maintain professional liability insurance, and automobile liability insurance to protect the FE from claims for negligence, bodily injury, death, or property damage which may arise out of the negligent performance of the FTE's services under this Agreement, and from claims under the Workers' Compensation Act. The FE shall, if requested in writing, issue a certificate confirming such insurance to the Client.
5.2 Confidentiality
(The terms “Attorney-Client” and “Client” as used in the following paragraph refers to the client of the attorney in a legal dispute. This terminology is necessary in order to adhere to commonly understood legal jargon, and should not be misconstrued to mean the client of the FTE, a party to this agreement).
FTE acknowledges that all information received, or produced by him pursuant to this Agreement may be protected by the Attorney-Client or Attorney Work Product Privilege. FE agrees to communicate with respect to information received, work performed, and opinions formed only with Client, Client’s counsel, and others involved in the interest of Client at the direction of Client or Client’s counsel. FTE’s obligation to maintain confidentiality in respect of this Agreement shall continue until notified in writing by Client or Client’s Attorney that confidentiality is no longer required.
Section 6 - Miscellaneous Provisions
6.1 Termination, Successors and Assigns
6.1.1 This Agreement may be terminated upon 10 days' written notice by either party should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the FE for all services rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses.
6.4.2 The Client and the FE each binds himself or herself, partners, successors, executors, administrators, assigns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement.
6.4.3 Neither the Client nor the FE shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the FE from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of services hereunder.
6.4.4 The FE and Client agree that the services performed by the FE pursuant to this Agreement are solely for the benefit of the Client and are not intended by either the FE or the Client to benefit any other person or entity.
6.5 Disputes Resolution
6.5.1 All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be presented to non-binding mediation. A mediator agreeable to the parties shall be selected. If no agreement can be reached among the parties, the matter shall be submitted to the Construction Industry Panel of the American Arbitration Association for nonbinding mediation. Neither party shall institute or maintain any legal proceeding against the other until the mediation process has been completed. In the event that any dispute cannot be resolved in mediation, the unresolved issues shall be decided by the Court of Record, sitting without a jury, in the jurisdiction of Broward or Miami-Dade counties.
Section 7 - Supplemental Conditions
7.1 Schedule,
The testing report will be completed no later than two weeks after retainage payment is received.
7.2 Access to the site
Client will secure access to the areas to perform the testing. FE will not be responsible for delays or additional time required due to no-access or any logistics necessary to perform the test.