10822 EVERGREEN WAY 2016-11-07 - Laserfiche WebLink

Dean M. Hough, P.E. Re: FDS July 26, 1999 Page 2 r- s� , � �� � � My clients are losing faith in your ability to function as a licensed engineer. This letter is to advise you that there are two options we now face: 1. "You will comply with the terms of your contract and complete the entire contract by submitting the plans and seeing this through the issuance of permits. FDS will pay all costs of plan submittal fees, but will not, however, pay any further labor costs. 2. The second alternative is that my clients begin all over again. We anticipate that they will incur the fees for engineering and also additional time delays. These are consequential damages they would not have otherwise incurred had you properly done your job in the first place. Further, we will have all of your time records reviewed by professional consulting engineers to determine whether or not there has been any breach of the standards of practice. This of course could give rise to (a) a claim for your professional errors and omissions, and/or (b) a complaint to the Department of Licensing. My clients at this time only want to receive that which they bargained for. What they bargained for was a professional, timely completion of the project as undertaken by you under the contract which I have attached. To date, they certainly have not received that, although they have paid the bills presented for the first fee amount. You should bear in mind that this contract was prepared on your documentation and any interpretation by the Court is going to be given favorably to my client as you drafted this document. On the face of the document, you clearly agreed to provide a"design will be per existing City of Everett's new R/detention design methods and standards". This service was to be for "Fee Amount: $3,400.00". From discussing this matter with several engineers, Mr. Downing and the Frasers have discerned that these problems should and could have been prevented had you simply taken the opportunity to meet with the City of Everett Planning Departinent. I would suggest that you review this letter with your counsel and contact me at the above telephone number. I anticipate that my clients will seek a conference with another engineer within three days from the date you receive this letter, in the event this matter is not resolved. � In closing, I would suggest that you look at the fact pattern that exists. You have guaranteed that you would do a job which met with the specifications of the City of Everett for $3,400.00 under the terms of your estimate. Finally, I can assure you that if this matter does end in a dispute, your billing records will be reviewed at great length. It is my understanding that no itemized billing has yet been submitted. You may consider this letter a demand for a full