HIRING CCL

CCL'S PROFESSIONAL SERVICE CONDITIONS

All CCL assignments are undertaken according to our Professional Service Conditions.

CCL attempts to provide efficient services at the lowest cost to our clients. Assignments are given to individuals based on specialization and capabilities in particular problem areas.

Hourly charges for a professional's time range from $60 to $200. Actual hours are charged, although there is an eight hour minimum charge per day for out-of-town work. Deposition and testimony are billed at a minimum of eight hours per day at 1.5 times CCL's hourly rates. Travel time is not billable unless travel during working hours is directed by client or part of the fee arrangements. Secretarial and clerical services associated with normal consulting services are provided at no additional cost.

Data processing and technician services are billed at $45 per hour.

Seminar fees and expenses are arranged with the lecturer.

Rates do not include costs of travel, film, video tape and equipment, reproduction, long distance telephone, special handling, telex, delivery, facsimile transfer, outside consultants, or similar reimbursable costs which are invoiced at 1.1 times CCL's cost. Sales, value-added, or similar add-on taxes are also not included.

Fee arrangements will be established and confirmed by letter when an assignment is initiated. Normally, the fee arrangement will include a retainer which will be returned upon request after completion of the job and after arrangements are made for disposition of the documents in CCL's possession. Fees shall apply for the remainder of the calendar year. Thereafter, any increase in standard charges will be announced. Fees and reimbursable expenses will be invoiced in an itemized, monthly statement which will indicate progress and work on the assignment.

Payment is due not later than 30 days after the date of the CCL statement or prior to any testimony, whichever is earlier. If payment is not made in a timely manner, CCL reserves the right to discontinue work and withhold work product until payment is received. CCL shall own the reports, opinions, or materials which result from the assignment until paid for by client. In addition, interest is charged at the rate of 1 1/2% per month or a maximum interest allowed by law on amounts not paid within 30 days. All legal fees and costs incurred by CCL in collecting its account will be paid by client.

Client can terminate CCL's work after ten days written notice. If client terminates, CCL shall be paid for services provided up to the receipt of the notice of termination and for all reasonable expenses associated with stopping work and return of client materials.

If any CCL employees are called as a witness by a party or client to testify to any matter about which CCL has obtained information while performing this assignment, the client shall pay CCL for its testimony and preparation in accordance with the fee schedule. CCL will credit or not bill for payment received from other parties.

CCL's hiring policies are in accordance with the Federal Civil Rights Act of 1964, the Fair Employment Practice Laws of the States in which CCL hires, and in compliance with Executive Order 11246. CCL attempts to maintain a staff of capable, loyal, conscientious individuals without regard to race, creed, color, origin, age or sex.

CCL shall not be held liable for any delay or failure to perform the assignment if the delay or failure is caused by fire, flood, explosion, other casualty, strike, labor disturbance, state of war, insurrection, riot, government regulations or restrictions, acts of our client, or any other cause beyond the control of CCL.

CCL's only liability for performance of the assignment shall be limited to claims directly attributable to the failure of CCL's officers, its project manager, or consultants to exercise the degree of skill and performance normally exercised by qualified persons performing similar functions. The amount of CCL's liability shall not exceed the total amount of CCL's fees received from the assignment. In no event shall CCL, its consultants, employees, or agents, be liable for loss of earnings, loss of profits, loss of interest, judgements, awards, or contribution thereto, or any other special, indirect, or consequential damage, however caused. There shall be no third party beneficiaries to this contract. CCL's performance of the assignment shall be considered a service, and not goods or products. All reports, opinions, devices, or materials supplied by CCL shall not be considered goods or products but material provided appurtenant to CCL's service.

CCL agrees to store client materials for four years and at CCL's discretion for a longer period.  At the end of four years, if there has been no activity on the client's account or no instructions for return of the materials have been received, CCL will destroy the client's material charging the cost of storage and destruction to any remaining retainer.

Claims, disputes or other matters in question between CCL and our client shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association currently in effect. The locale for the arbitration shall be Kansas City, Missouri. The award rendered by the arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

These conditions, along with the confirmation letter establishing the fee arrangements represent the entire agreement between the parties. Any other terms from the client's purchase orders or other sources are not part of this agreement. These standard fees are guidelines to produce a fair and reasonable fee. The particular services and circumstances involved in the assignment may require CCL's standard fees to be modified. CCL desires the fees to be fair and reasonable, both to our clients and CCL considering the difficulty of the assignment, special skills required, time involved, and benefit to the client.