This agreement is
entered into as of the dates set forth at the end of this Agreement by
and between David Dudley of FLOORING INSPECTIONS. (hereinafter
"Consultant") and (hereinafter "Client").
The name of the case:
Case number:
Court case filed in:
1. RETENTION
1.1 Consultant will be available to
commence work for a Client upon receipt of a retainer.
1.2 Consultant agrees not to work for
any other person or party involved in this case on matters relating to
this case for two weeks after he is verbally retained, or upon
acceptance of the retainer set forth below. Should the two weeks lapse
without receipt of a retainer, Consultant is free to accept work from
any other party.
2. SERVICES TO BE PERFORMED
2.1 Consultant agrees to perform
consulting and/or expert witness services as requested by Client and in
connection with such services agrees to perform such investigation,
document review, studies and research so as to be able to consult with
Client and/or advise Client as an expert witness with respect to
Consultant's findings. Consultant agrees to verbally report his facts,
conclusions, and findings to Client and, if desired by Client,
Consultant will prepare a written report and cause it to be sent or
delivered to client. Consultant also agrees to assist in trial
preparation and to testify as an expert witness in those areas in which
he is qualified.
2.2 The full scope of Consultant's
work will be determined as the matter proceeds, and will be subject to
the needs and requests of Client. Consultant and Client agree that
Consultant will be performing services to this Agreement as an
Independent Contractor.
2.3 Upon request, Consultant will
provide an estimate of the time and costs it will take to perform the
work CONTRACTED by the client. If it becomes apparent to Consultant that
he will need to exceed the estimates provided to complete his work, he
will provide Client with a revised estimate and shall proceed only after
being granted permission by Client.
3.0 CONFIDENTIALITY
3.1 Consultant agrees to retain all
non-public information obtained from Client as confidential and agrees
not to release or discuss any of such information unless Consultant has
obtained the prior consent of Client or is otherwise forced, compelled,
or required to disclose this information by operation of law or
applicable government authority.
4. COMPENSATION
4.1 Fees are billed to the Client by
the tenth of an hour with a minimum charge of 2 of an hour as follows:
4.1.1 Client will pay Consultant for
travel time at fourth dollars ($35.00) per hour plus thirty seven cents
per mile.
4.1.2 Client will pay Consultant for
testimony at either trial or deposition at SEVENTY-FIVE dollars ($75)
an hour. This rate applies to office or courtroom waiting time as well
as actual time testifying.
4.1.3 All other work including
research, report preparation, and telephone calls, Client will pay
Consultant for FIFTY dollars ($50) per hour.
4.2 When in the local area away from
the Consultant's office, time is billed from the time of departure from
Consultant's office until the time of return.
4.3 Each full day away from the area
of Fresno / Visalia, & Fresno / Tulare Counties of the state of
California on assignment is billed on the basis of an eight-hour day.
Where more than eight hours work or travel is performed in one day, the
actual time is billed. Day of departure and day of return are prorated.
4.4 A retainer of $300 is charged for
each case. This amount is a nonrefundable minimum fee charged. Billings
for services performed or expenses incurred will be charged against the
retainer until such time as it is exhausted.
4.5 Permission to use Consultant's
name or in any way indicate that he is an expert witness or Consultant
for Client's side of the case, either informally or formally with other
parties, is not granted until the retainer has been paid.
4.6 Notwithstanding the Agreement of
Consultant to bill Client at an hourly rate in one tenth of an hour
increments for services performed, the following minimum fees will be
due, whether or not Consultant is required to spend the amount of time
necessary to result in these minimum fees if time was charged on an
hourly basis. The minimum fees and types of services exclusive of travel
to which they apply are as follows:
4.6.1 Attendance at a deposition
either to assist client or to testify as an expert witness -
SEVENTY-FIVE dollars ($75.00) an hour.
4.6.2 Attendance at court to assist
Client, testify as an expert witness, or while waiting at court for an
opportunity to testify or assist Client in court – SEVENTY-FIVE dollars
($75.00) an hour.
4.6.3 The above are minimum billings
and if actual time spent results in an amount due which exceeds these
minimums, then the actual amount will be due.
4.7 Fees and rates, once established
for a job, will not be increased for that job even though fees or rates
may increase for new jobs for a period of 90 days. Three months after
being retained, fees may be raised to those currently charged other
Clients at that time.
5.EXPENSES
5.1 Travel by car within the local
area is charged at the rate of THIRTY-SEVEN cents a mile and
THIRTY-FIVE dollars per hour.
5.2 Travel by car beyond the local
area is subject to price of a midsize rental car plus miscellaneous
expenses, including long distance calls, are charged at cost plus ten
percent.
5.3 Travel by air will be performed
by the most economical means compatible with the Client's time
constraints but not during normal sleeping and/or night time hours.
5.3.1 Car rentals outside of
Inspector's local area are subject to charges of midsize cars.
5.4 Lodging which is outside of
Inspector's local area are subject to the charges of moderated priced
hotels.
5.5 Client may avoid the 10%
surcharge on expenses by furnishing travel and lodging which is billed
directly to Client by the carrier or hotel.
6. BILLINGS
6.1 Invoices will be tendered and
faxed or mailed to Client after the debits against the retainer are
greater than the credits, or at the end of each month. A breakdown is
furnished itemizing each charge for the month. Billings are due 10 days
after the invoice date. Late charges at the rate of 15.0% per month will
be added to bills not paid within 30 days.
6.2 The payment of all fees and
expenses is the responsibility of the Client notwithstanding Client's
relationship with third parties, contingency arrangements, subrogation,
etc. As a convenience, Consultant may agree to prepare separate billing
for an attorney taking Consultant's discovery deposition, but the
responsibility for payment remains that of the Client. Failure to
include a chargeable item in one billing shall not constitute a waiver
of the right to assess the charges in a subsequent billing.
6.3 Questions concerning specific
billings are welcomed and requests for corrections must be submitted
within 30 days after date of billing in question.
6.4 If deposition date is canceled
with in 48 hours of the appointed time for Consultant to appear at the
deposition, a minimum charge of 2 hours at SEVEN-FIVE dollars ($75.00)
an hour to opposing council.
7. TERMINATION
7.1 This Agreement may be terminated
by Client upon 15 days written notice for any reason, Upon termination
of Consultants services by Client; Client shall immediately pay all fees
and expenses incurred by Consultant, subject to receipt of an
appropriate bill.
7.2 Consultant may terminate this
Agreement upon fifteen (15) days written notice if payments are not made
within 30 days of the date billing is mailed. This does not relieve
Client in any way from payment for services rendered or expenses
incurred.
8. DISPUTE RESOLUTION
8.1 The parties agree that any action
which is required to be filed to enforce the terms of this Agreement may
be filed in Tulare County, State of California but this shall not
preclude either party from bringing an action in any other county which
represents the proper venue for such an action.
8.2 In the event that either party is
required to retain the services of an attorney to enforce the provisions
of this Agreement, then in such case the Client agrees to pay reasonable
attorney's fees and all costs and expenses incurred by Consultant
including collection costs, provided that Consultant is the prevailing
party in said matter either by settlement, litigation or otherwise.
9. GOVERNING LAW
9.1 All actions arising out of the
performance of this Agreement shall be governed by the laws of the State
of California.
The parties do hereby execute this
Agreement at the places set forth below on the date set forth below.
FLOORING INSPECTIONS
David Dudley
2238 N Clark St
Visalia, CA 93292-2147
Phone / Fax 559-732-6927
Client:
____________________________________________________________Date: Signature of Client
____________________________________________________________Date: Signature of Consultant