FEE & RETAINER AGREEMENT
The undersigned client is obtaining the services of Robert T. Tolbert, P.E. of his/her/their own behalf and acknowledges direct responsibility for such charges. Should charges be incurred at the request of other parties, such as depositions, the Client is to inform Robert T. Tolbert, P.E., in advance, which party is responsible for the charges. Should another party be responsible for such charges, payment in advance is required. Depositions have a four (4) hour minimum charge, plus two hours of preparation time, plus travel & mileage fees. However, should the other party not make payment in a timely manner (within sixty (60) days), Robert T. Tolbert, P.E., has the right to cease work on the job until payment is received. Should the second party refuse to make payment for a period of ninety (90) days, the undersigned agrees to be responsible for unpaid charges.
A retainer fee of $1,500.00 is required in advance. This retainer is NOT an advance payment for services, but rather is an end of the matter retainer. Full credit for the retainer will be allowed at the close or conclusion of the assignment except in delinquent accounts as stated below. All invoices are due and payable net ten days. All accounts over thirty (30) days are subject to monthly service charges of 5%. All accounts must be paid up to date prior to any testimony, including depositions, affidavits, trials and other such sworn statements. All out of state travel must be paid for in advance. If retainer is waived, Robert T. Tolbert, P.E., must initial here. ____________
All time will be invoiced according to the appropriate hourly rate as shown on the fee schedule, plus mileage and expenses, etc. All expenses are marked up 25%. Mileage charges for automobile travel are currently at $0.60 per mile for an automobile (trucks are at additional charges).
Evidence stored at our facilities will be charged at the applicable rate as shown on the fee schedule.
All outdoor items will be secured in a locked fenced area; however, Robert T. Tolbert, P.E. cannot and will not assume responsibility for damages and/or losses. Insurance against damages and/or loss is the responsibility of the client.
All material evidentiary exhibits purchased, constructed or provided by Robert T. Tolbert, P.E., are to be retained by Robert T. Tolbert, P.E. at the conclusion of the case for exhibit and/or illustration purposes. If court orders confidentiality or a confidential settlement is reached or the exhibits are proprietary property, Robert T, Tolbert, P.E. still is to retain possession, but agrees to keep materials confidential. Robert T. Tolbert, P.E., retains possession of engineering related exhibits that were purchased, constructed, created or in any other way originated by Robert T. Tolbert, P.E., even if client reimburses Robert T. Tolbert, P.E. for expenses of said exhibits.
Invoices are due and payable net ten days. Accumulated daily invoice charges will be billed as they are completed or summarized on a monthly statement, or upon completion of the job. Delinquent accounts (30 days from invoice) will be deducted from retainer and all work stopped. This will incur a 5% service charge per month on any accrued balance. Unpaid balances, 60 days old, will incur, in addition to the 5% per month service charge, a minimum charge of one hour of Engineer’s time per month to cover the cost of monitoring the account. In the event payment of an invoice is not received by Robert T. Tolbert, P.E., after a period of ninety (90) days from the date of invoice, the matter will be turned over to a collection agency and/or attorney for collection. The cost of any action through collection, court litigation or otherwise, to enforce the terms of this agreement, including reasonable attorney’s fees and actual costs incurred, will be borne by the undersigned.
Robert T. Tolbert, P.E., is contracted on an hourly basis, unless a flat fee or other billing is agreed, and is quoted in writing. Any estimates discussed are simply an estimate of the time required to complete the job as understood at that time. It is in no way a quotation of the full cost of the job, nor is it to be construed as any type of final price. The Client is advised of the recommendations of work to be done by Robert T. Tolbert, P.E., and the Client authorizes the work to be completed on an hourly basis, plus expenses. All charges are listed on the Fee Schedule. If you do not have a Fee Schedule, please request one and it will be provided.
I have read and understand the terms of the Fee & Retainer Agreement above, and have reviewed the fee schedule. I am aware of the billing rates for all anticipated charges. This fee & retainer agreement is applicable from the date listed below, on all jobs present and future between the two parties, unless one party notifies the other in writing prior to commencement of a new job.