Trikdagain
New Member
- Jurisdiction
- Oklahoma
I work for s small surveying company whose engineer abruptly quit last year, before I was hired, which forced the owner to sub the remainder of several contract jobs to an outside engineering firm (the "Firm").
With regard to one of those contracts, my company and the Firm signed a fixed fee contract for $10,500.00, which states, in part, that
"Other design services that are not strictly identified or specifically associated with the completion of the agreed upon project understanding and subsequent scope of services shall be considered as additional services. Additional services shall include Owner directed work that is clearly outside of the base contract and agreed upon in writing by both parties. The fee structure for additional services shall be based on time and expense effort unless otherwise negotiated prior to services being rendered. "
We have been billing our client exactly what we have been billed by the Firm (no mark up) and it was only recently that I realized the Firm had stopped billing us for the contracted services about a month ago when we had paid them only $9,450.00 ($1,050.00 less than the contract price) In addition, they had billed us $3,545.83 for "additional services". In essence, they have billed us $2,495.83 above and beyond the agreed upon contract price.
To date we have paid them a total of $4,887.89 which leaves $5,612.11 due on the contract price of $10,500.00.
They contend we still owe them a total of $6,262.50 on the contract plus $1845.00 for additional services.
What we would like to do is pay them $5,612.11, or the balance due on the original contract and take over the work going forward as we have hired an engineer.
Are we obligated to pay them for charges over and above the original contract price?
With regard to one of those contracts, my company and the Firm signed a fixed fee contract for $10,500.00, which states, in part, that
"Other design services that are not strictly identified or specifically associated with the completion of the agreed upon project understanding and subsequent scope of services shall be considered as additional services. Additional services shall include Owner directed work that is clearly outside of the base contract and agreed upon in writing by both parties. The fee structure for additional services shall be based on time and expense effort unless otherwise negotiated prior to services being rendered. "
We have been billing our client exactly what we have been billed by the Firm (no mark up) and it was only recently that I realized the Firm had stopped billing us for the contracted services about a month ago when we had paid them only $9,450.00 ($1,050.00 less than the contract price) In addition, they had billed us $3,545.83 for "additional services". In essence, they have billed us $2,495.83 above and beyond the agreed upon contract price.
To date we have paid them a total of $4,887.89 which leaves $5,612.11 due on the contract price of $10,500.00.
They contend we still owe them a total of $6,262.50 on the contract plus $1845.00 for additional services.
What we would like to do is pay them $5,612.11, or the balance due on the original contract and take over the work going forward as we have hired an engineer.
Are we obligated to pay them for charges over and above the original contract price?