Remember that every agreement is different. Contact a professional advisor to start your relationship with an owner in a way that is likely to succeed. cce The first important step in building successful, long-term relationships with your current clients is to negotiate and execute a Master Service Agreement (MSA). The MSA defines the overall relationship between a consulting engineer and a project leader. An MSA is most often performed when it is considered that the engineer and owner will enter into subsequent contracts for certain services. The advantage of this type of contract is that the engineer and the owner can quickly negotiate future agreements. The Owner shall instruct the owner to provide the services referred to in Part I in return for the remuneration provided for in Part III. Donohue is entitled to commence the Services after the Owner has performed and received this Agreement. The Owner and Donohue agree that this signature page, together with the attached Parts I to IV, constitute the entire agreement for this project. Guarantee. In the warranty clause, the engineer warrants that all services provided by the engineer are free from manufacturing defects and conform to specifications. The owner can initially request a 24-month warranty period in the MSA. But even for large projects, the industry standard is 12 months.

I understand that it`s not a particularly convincing negotiating tactic to say, „Everyone is doing it,“ but it`s helpful to ask the owner to clarify exactly why they need 24 months instead of the usual 12 months. In some cases, the owner can only justify a period of 12 months for defects or other problems that arise in order to be covered by the warranty. . Owners can also try to authorize the TERMINATION of the MSA if there are delays in the projects. The engineer must insist on a reasonable period of notice that the owner must respect before terminating the MSA for delaying a particular project. The owner may also attempt to authorize immediate termination if the engineer violates the terms of the MSA. A good compromise is to include a dispute resolution clause that requires both parties to negotiate in good faith for a period of time before the contract can be terminated. THIS PHASE I AND PHASE II OF THE ENGINEERING SERVICES AGREEMENT (the „Agreement“) was signed on October 1, 1. December 2005 (the „Effective Date“) by and between Millennium Ethanol, LLC, a South Dakota limited liability company (the „Customer“) and Fagen Engineering, LLC, a Minnesota limited liability company (the „Engineer“). Each Client and Engineer is referred to individually herein as the „Party“ and collectively as the „Parties“.

This AGREEMENT was formed on the day of 2021 by and between the City of Marshalltown, hereinafter referred to as the „CLIENT“, and CLAPSADDLE-GARBER ASSOCIATES, INC. (hereinafter referred to as „INGENIEUR“). . THIS TECHNICAL SERVICES AGREEMENT (the „Agreement“) is entered into on October 20, 2004 (the „Effective Date“) by and between EnerDel, Inc., a company organized and existing under the laws of Delaware („EnerDel“) and Delphi Automotive Systems LLC, a company organized and existing under the laws of the State of Delaware („Delphi“). EnerDel and Delphi are collectively referred to in this Agreement as the „Parties“ and individually as the „Party“. Chad Eggerman is a lawyer with Miller Thomson LLP in Saskatoon, Saskatchewan. E-Mail-ceggerman@millerthomson.com This PACKAGE DESIGN-BUILD AGREEMENT (the „Agreement“) is entered into on February 7, 2007 (the „Effective Date“) by and between ABE Northfield, LLC, a Delaware limited liability company (the „Owner“) and Fagen, Inc., a Minnesota corporation (the „Designer“) (each, a „Party“ and collectively, the „Parties“). As a consulting engineer, you try to allow changes to the list of key people only with the consent of the owner and engineer. This provision should clarify that a key person may be dismissed only if he or she no longer holds the position of engineer, unless mutually agreed. With such an agreement, the engineer must pay close attention to who is on the list of key people and the role they play, which can be difficult given that the details of the scope of a job may not yet be known or disclosed.

Key personnel. As a consulting engineer, your employees are the most valuable asset you have. The owner may request broad discretion to remove any staff and the right to terminate the MSA without giving reasons. However, as an engineer, you should try to limit the owner`s ability through the MSA to arbitrarily remove your employees from subsequent projects. Payment. Make sure there is a specific provision that requires the landlord to pay you. Some standard MSA forms do not include such a clause. As an engineer, you`ll want to negotiate the best payment terms you can negotiate in the MSA to avoid lengthy negotiations with subsequent contracts. If you are negotiating an MSA with a large organization, pay close attention to the proposed review and approval process you accept regarding bill payments.

The „standard“ review and approval process for invoicing in a large multinational company can take much longer than expected. . Limitation. The owner will try to transfer as much responsibility as possible to the engineer via the MSA. As an engineer, you want to be sure to include a provision that limits your liability to the full value of the contract, and you should also try to negotiate mutual compensation, as opposed to unilateral compensation – where the engineer only compensates the owner. THIS AGREEMENT is entered into by and between the CITY of PALM COAST („the City“) at 160 Cypress Point Parkway, Suite B106, Palm Coast, Florida 32164, and Malcolm Pirnie, Inc. .