To: [Your Name] From: Tony Plisna, P.L.S. Copy To: File #99-001
Date: 17 November
Encl: Carol's Letter
Re: Carol Jamison's Development
I've just received the attached letter from Carol. The letter upsets me for two reasons. First, Ben Turrel is not and has never been a licensed surveyor according to the most recent Board records. I don't know of any surveyors employed by his firm. His web site doesn't mention any. He usually gets Jane Goddel to stamp his plans when he needs a surveyor's seal and signature. I suspect that is what will happen this time. Second, we went over budget in preparing the preliminary design and getting it approved. Our profit would have come when we prepared the final design and staked out the development. I would like you to prepare a letter for Carol telling her what an S.O.B. Ben Turrel is. Try and get her business back to us! If you can't find a way to get her back with us, find a way to charge her more for the preliminary design.
[Attached letter to sample homework problem]
15 November
Dear Mr. Plisna,
Thank you for your effort and hard work in obtaining approval for my preliminary design. I have enclosed a check in the amount of $2,342.00, the amount we agreed would be due and payable upon completion of the preliminary design. Rather than retain your services to continue the project through to the final design and monumenting the lots, I have retained the firm of Ben Turrel and Associates. Mr. Turrel spoke to our local association of developer's last week. He spoke at some length about the surveying and engineering requirements for a development. He seems like a very good surveyor and engineer. After the meeting I spoke to him about my development. He seemed very nice and asked if I could send him your preliminary plan to look at. He said your firm did very nice work and he always jumps at the opportunity to study your work and learn something. To make a long story short, he looked at the plan and made me an offer to complete the project for a price that is considerably less than yours. Please understand that I appreciate the high quality work of your firm, but I do need to watch my costs and keep the costs within reason if I expect to sell the lots in a competitive market. Could you please send me a digital file of my preliminary design as soon as possible so I can get the projected completed - thank you.
Sincerely,
Carol Jamison
[Acceptable answer to sample homework problem]
[Note: This answer is an acceptable answer and would merit a passing score.However, it may not be the only answer or necessarily the best answer.]
Tony,
I've prepared a letter for Carol explaining the facts as we know them while making a pitch for our firm to complete the work. I don't believe it is proper or acceptable to start making accusations against Ben or his marketing techniques that we cannot prove with some reasonable certainty. Also, in all fairness to Carol, the contract is explicit about how much she must pay for the preliminary design. To try and weave some excuse to charge her more after we've billed and she has paid would stretch the imagination and be against what I feel to be acceptable ethical behavior. I have prepared a letter that I hope will dissuade her from going with Ben Turrel's firm. Nevertheless, if her mind is made up, I can see no legitimate or ethical way to prevent her.
[Attached letter to acceptable answer to sample homework problem]
19 November
Ms. Carol Jamison1839 Orchid StreetWalker, Zena 01111-1839Ms. Jamison:We were surprised to receive your letter stating further work on the development would be done by Ben Turrel and Associates. A check of the latest roster of surveyors published by the Board of Licensure does not list the name of Ben Turrel as a surveyor - able and licensed to practice land surveying in this state. Furthermore, to the best of our knowledge, Ben Turrel does not have any employees that are licensed as surveyors. Accordingly, Mr. Turrel may have to subcontract out the surveying services to someone you may not know, have met, or will ever meet. I don't mean to imply that this will be bad for you or provide you with less service than you require. We make these assertions only to ask that you personally meet the surveyor that will be supervising your project and discuss your project with that person face to face. Not only could this avoid problems caused by a lack of communication but we hope you will see and appreciate the services our firm provides and reconsider your decision to complete the project using another firm. We do try to offer and provide superior services. While our services may appear more expensive in the short term, in the long term they save the developer and future lot owners money, reduce problems, and give peace of mind.
In regard to a digital copy of the preliminary design, we regret to inform you that the design is proprietary and copyrighted by our firm. It is our policy not to give permission for the use or copying of a preliminary design until after the final plan has been submitted by us and approved by appropriate agencies. Although this policy may prevent the use of the preliminary design by Mr. Turrel's firm, this policy was not adopted to be vindictive. It was established some years ago at the suggestion of a seminar speaker and our attorney. We have been informed that when another firm makes a mistake in completing our preliminary design, the mistake will likely subject this firm to costly liability even though the fault is not our own. As a developer, you no doubt understand our interest in keeping liability costs down in order to keep our fees reasonable. We will inform Mr. Turrel of our policy and basis for it so there is no misunderstanding between our firms.
Again, I hope you will reconsider your decision. In any event, please consider us for any future development. We appreciated your business and look forward to serving you again.
Sincerely,
Jellet, Calibre, & Angstrom