Terms of Engagement

This Standard Engagement Letter (form) describes the terms upon which Mason and Associates Ltd will provide professional engineering services to you and bill you for those services.
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1. Professional Services

Our goal is to provide you with quality services, in a timely manner, on schedule and at a reasonable cost. We agree not to undertake work that is outside of our field of expertise but reserve the right to use our professional judgment to engage and coordinate any assigned work to other personnel that we deem appropriate under certain circumstances.

2. Fees

2. Professional hourly fees will be based on the time expended, including travel to and from location at the below stated rates unless otherwise mutually discussed and agreed to in writing.

Philip Mason, P. Eng. – Snr. Project Manager, structural engineer- $185/hr
Professional engineers (structural, electrical, mechanical) - $175/hr
Land Surveyors - $120/hr
Project Cost Estimators- $150/hr
AutoCAD Draftsmen - $85/hr

3. Initial Consultation

Initial site or phone consultations are free of charge. At the time of this initial consultation the parties can agree on the further scope of professional services required, fee structure and any specific payment arrangements.

4. Other Fee Arrangements

On occasion we may agree to a fee arrangement other than on an hourly basis, such as a fixed fee for a specifically defined project. In such cases, the fee and payment schedule will be set forth in our cover letter to you or in a separate agreement or addendum to this agreement, but all other terms of this Standard Engagement Letter will apply.

5. Factors

The professional fees are based upon several factors, the most important of which includes the time and labor involved both in the field and in the office. It also accounts for the skill requisite to perform the services correctly, any special circumstances imposed and any required investigation, research and review of applicable codes, historic drawings and site data collection.

6. Estimates of Fees

An estimate of fees is not a quotation or fixed fee arrangement. Estimates are given based on the initial perceived scope of the work and the effort (hours) required to complete the professional service. Variances in the scope will be charged for unless specific arrangements have been mutually agreed.

7. Direct Expenses

Reimbursable expenses such as long distance telephone and facsimile charges, drawing reproductions, plotting etc. will be charged at cost plus 10% administration fee. Third party expenses will be forwarded directly to you for payment.

8. Billing Statements

Generally our statements are prepared and mailed on a monthly basis and are payable upon presentation. They may be considered overdue if not paid by the due date set forth on the statements. Invoices for short duration projects may be generated and presented to the client upon completion of the work.

9. Late Payment

If you fail to pay our statements in full on or before the Due Date set forth on the statements we reserve the right to assess you with a monthly service charge equal to 1% of all fees and disbursements which are past due. This monthly service charge will be billed to you at the end of each month in which a late payment occurs. In no event will the service charge be greater than permitted by applicable law.

10. Retainer

Frequently we require payment of a retainer before we render professional services. Our cover letter to you specifies the amount of any retainer required by us.

11. Termination

Either party may terminate this Agreement at any time with written notice to the other. If this Agreement is terminated all fees due at the time of termination will be due and payable by the client immediately. Consultant will return any unearned, prepaid fees within thirty days of written request by the Client.

12. Disputes

The parties agree to try and resolve their disputes by mediation. Disputes not resolved through mediation shall be resolved by binding arbitration with a mediator appointed by the Bermuda Mediation and Arbitration Center.

13. Other Matters

If our company is engaged to provide structural advice in the form of stamped drawings, calculations or hand sketches we must be afforded the opportunity to inspect the work as it progresses. If we are not accorded the privilege of inspecting the work on site before it is covered up or otherwise hidden, or if variations to the original details are made without written approval by the engineer of record, Mason and Associates Ltd. will assume no responsibility for the design.

If you have any questions or concerns regarding our standard Terms of Engagement, please contact us before signing.