Originally Posted by
Paul Tooley
my client said "well now that that's out of the way, If you miss something that we find months later, what recourse do we have?"
I used to have a 'This is not a Guaranty' clause, which, in part, read: The only thing I can guaranty is that I will miss things, and I will do my best to not miss the big things, which means missing more small things.
That's the same thing I would tell them when I was asked your question.
Q. "If you miss something that we find months later, what recourse do we have?"
A. None. I WILL miss things. I will do my best to not miss the big things, which means I will most likely miss the small things, but you are not paying me to find the small things which don't really matter, are you?
My clients would typically answer 'No. I want to know the big things.
Once or twice I had a client say 'I want to know the small things too.'
To which I would reply to the effect of 'No problem, but it's will cost you 6% of the sales price for me to do that type of inspection ... ' (letting it trail off)
Those clients responded with 'OH! The small things will cost less that that anyway. Guess I can deal with them myself.'
(What I did not say was 'Yep, I thought so, Cheapskate.') I replied 'Good, because I hate being all nit picky about stuff which does not really matter in the scheme of things.'