Summary
In this podcast episode, I, Landon Blake, focus on contract basics for consultant land surveyors and emphasize how important they are for managing liability and maintaining good client relationships. I share my own experiences and the insights I’ve gained from being a member of the American Council of Engineering Companies (ACEC) and through mentorship from Dave Woolly. I express my regret that I didn’t cover this crucial topic earlier in the podcast series and aim to provide valuable knowledge for those who own or want to own small land surveying businesses. I start by recounting stories that illustrate how contract language can significantly impact a business, highlighting the potential financial and operational risks of unfavorable clauses, such as being obligated to continue working without payment or having to surrender CAD files prematurely.
I then delve into the definition of a contract as a written, legally binding agreement that clearly defines specific terms, obligations, and expectations between parties. I detail what I consider to be the ten essential parts of a good contract, including the scope of services, client obligations, identification of parties, payment terms, schedule, termination conditions, dispute resolution, client deliverables, confidentiality, and special considerations for land surveyors like the standard of care and copyright. I also discuss supporting documents such as the scope of services, cover letters, and supplements that can strengthen the contract. Furthermore, I explain why contracts are crucial, not just for legal protection in the rare event of a lawsuit, but more importantly for establishing clear expectations, preventing misunderstandings, providing a roadmap for the relationship, managing scope creep, and demonstrating professionalism. I also outline critical elements to consider when signing a client’s contract, such as indemnification, duty to defend, transfer and termination clauses, limitation of liability, and additional service requests.
The episode concludes with a discussion of the golden rule in contract negotiation and a process for handling disagreements about contract language. I mention that a future episode will cover special contract considerations for land surveyors and plain language agreements.
Contents
- 0:00 Introduction to Contracts for Land Surveyors
- 1:50 Personal Stories Illustrating the Impact of Contract Language
- 5:00 Definition of a Contract
- 5:30 The Ten Parts of a Good Contract
- 8:00 Supporting Documents for Your Contract
- 9:30 Why You Need a Contract (Beyond Legal Reasons)
- 13:00 Critical Elements to Consider in a Client’s Contract
- 15:00 The Golden Rule in Contract Negotiation
- 17:30 What to Do When There is a Disagreement About a Contract
- 21:00 Upcoming Episode Topics
- 22:00 Podcast Information and Ways to Support