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| Legal information ExpertWitness Agreement RETENTION AGREEMENT
This ExpertWitness Agreement is made on ____/____/____, by
Client(s) name:_________________________________________________________________
Address:____________________________________________________________________
___________________________________, California ________,
and Charlie Williams, DBA ExpertWitness, Los Angeles, CA 90078
A. The ExpertWitness has extensive knowledge and background in Construction and contractor fraud investigation per industry standards and practices of the CSLB, evidence collection, case evaluation, case preparation, technical litigation support and Fact Finding, etc. The ExpertWitness is willing to provide Expert services to the client based on the background information provided.
B. The client(s) desires to have expert services provided by the ExpertWitness.
C. The ExpertWitnesswill be available to commence work for the client(s) upon receipt of a retainer as set forth in Section 3 below.
Therefore, the parties agree as follows:
1. Description of Services:
Beginning on________, the ExpertWitness agrees to perform consulting and/or expert witness services as requested by the Client. In connection with such services ExpertWitness agrees to perform such investigation, document review, studies, research and testing as is necessary to be able to consult with the Client as an expert witness with respect to the ExpertWitness Fact Findings. ExpertWitnessagrees to verbally report the facts, conclusions and findings to the Client(s) and, if desired by the Client(s), ExpertWitness will prepare a written report to be rendered to the Client(s). The ExpertWitness also agrees to assist in trial preparation and to testify as an expert witness in those areas, in which they are qualified, concerning the information obtained.
Court Name and Location:________________________________________________________
______________________________________________________________________________
Case Identification Number:______________________________________________
Docket Number:_______________________________________________________
2. Performance of Services:
The ExpertWitness shall determine the manner in which the services are to be performed and the specific hours to be worked by the ExpertWitness. The Client(s) will rely on the ExpertWitness, the Consultants Experts and Associates to work as many hours as maybe reasonably necessary to fulfill the ExpertWitness obligations regarding Due Diligence under this agreement.
3. Payment to ExpertWitness: 
The Client(s) will pay a fee to the ExpertWitness based on the ExpertWitness's published rate schedule at the time the services are performed. See ADDENDUM: (Current Rate Schedule). A retainer of $1,500.00 is required before casework can commence, and is fully earned when client designates the Consultant as their Expert Witness in the underlying court proceedings. All Retainers will be deducted from the Final bill. Each account will be billed on a monthly basis. The full amounts owed on outstanding accounts are due within 30 days on invoicing. Accounts overdue one month or more will be charged an additional service charge of 1.5% of the unpaid balance per month. Delinquent accounts will be submitted to a collection agency. The costs of collection, including any attorney's fees and expenses will be added to the clients invoiced principal amount and be subject to the monthly service charge. Also, if the instrument of payment for services rendered is non-negotiable the Consultant retains the right to stop services until paid in full. Thereafter, all payments from the client(s) shall be retainer or payment in advance for which the client(s) will receive an itemized accounting of services rendered.
Our rates and billing policies may change; each client will receive written notification. Services and expenses are billed according to the published rate schedule in effect at the time the services are rendered.
Upon termination of this agreement, payments under this section shall cease; provided, however, that the Consultant shall be entitled to payments for periods that occurred prior to the date of termination and for which the Consultant has not been paid. Any unused overages, such as the Retainer (when Consultant has not been designated as Expert Witness), shall be reimbursed to the client(s) in US Dollars..
4. Right to Inspect:
The client(s), or their agent, shall have the right to inspect the Consultants records for the limited purpose of verifying the calculation of payments, subject to such restrictions as the Consultant may reasonably impose to protect the confidentiality of the records and other client(s).. The client(s) shall make such inspections during reasonable business hours as set forth by the Consultant.
5. Death or Disability of the Consultant's Expert:
If the Consultant's Expert or Consulting Associate dies during the term of this Agreement, the Consultant shall be entitled to all payments for the period ending with the date of the Consultant's Expert or Associates death.
If the Consultant's Expert or Consulting Associate, becomes disabled during the term of this agreement, the Consultant shall be entitled to all payments until the Consultant's Expert or Associate becomes incapable of performing the services. For the purposes of this agreement, " disability" means a mental or physical illness or condition that renders the Consultant incapable of performing all of the services for an extended period of time.
6. Expenses of Consultant and or ExpertWitness:
The Consultant shall be entitled to reimbursement from the client(s) for all "out-of-pocket" encumberances which are to be reimbursed upon receipt of the Consultants invoice. These include, but are not limited to, Photography, Airline Tickets, Rental Equipment such as Automobile, Boats or any vehicle used for transportation, Specialist, Postage, Subsistence, Lodging Accomodations and Mileage fees, etc.
7. Consultants support services:
The client(s) will provide the following support services for the Consultant: All information that would assist in obtaining accurate information pursant to consultation and investigation of issues in concluding the case.
8. Terms and Termination:
This Agreement is limited to one specific case as outlined in Section 1 above, and shall be for a one (1) year period and shall automatically renew for successive terms of the same duration, unless either party provides thirty (30) days written notice to the other party prior to the termination of the applicable initial or renewal term. Either party with written notification to the other party, may terminate this agreement at an earlier time, with just cause.
9. Relationship of the Parties:
The parties understand that the Consultant is an "Independent Contractor" with respect to the client(s), and not an employee of the client(s). The client(s) will not provide a benefits package for the consultant. The client shall not include, Workers Compensation or Health Insurance benefits, Paid Vacations or Holidays, or any other employee benefit for the Consultant.
10. ExpertWitness Associates and or Employees:
The Consultant's Experts, Associates and Employees if any, who perform services for the client(s) under this agreement shall also be bound by the provisions of this agreement.
11. "Independent Contractor Assignment":
The ExpertWitness obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the client(s). This provision in no way limits the Consultant from assigning portions of the case work to Associate's who are experts in specific areas, and are better qualified to consult on that portion of the case or underlining issues.
12. Confidentiality:
The Consultant recognizes that the client(s) has and will have business affairs and other proprietary information which are valuable, special, and unique to the client(s). This information will remain "confidential ".
The Consultant agrees that other than provided by law, he or she will at no time or under any circumstances, directly or indirectly, disclose, disseminate or communicate information to a third party, or use it for its own benefit without the prior written permission from the client(s). The Consultant may disclose information to its employees and Associate Experts, who may be working on the case, in order to enhance the outcome of the case and determine the underlying issues. The Consultant, Associate Experts and employees will protect this information and treat it as "strictly confidential" between the Consultant and Client(s).
The client(s) recognizes that the Consultant has and will have business affairs, and other proprietary "Confidential"information which is valuable, special and unique for the Consultant. All photographs, videos and reproductions thereof, are proprietary and unique assets of the Consultant. The client(s) will protect that Information and treat it as "Strictly Confidential".
Any violation of this section shall be a material violation of this Agreement.
13. Return of Records:
Upon termination of this Agreement, the Consultant ExpertWitness will deliver all records, notes, data or memorandum that was received from the Client(s), and are in the Consultant's possession or under the Consultant's control and are The Client's property or relates to the Client(s) business. The Consultant ExpertWitnessmay properly destroy this material upon permission of the Client(s).
14. Notices:
All Notices required or permitted under this agreement shall be in writing and shall be deemed delivered, when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
A change of mailing addresses may be made by either party by providing written notice in the manner set forth above.
15. Entire Agreement:
16. Amendments:_______________________________________________________________________________
17. Severability:
This Agreement may be modified or amended if the amendment is in writing and is signed by both parties.
This Agreement by and between the Consultant ExpertWitnessand Client(s), establishes to the parties that there are no other promises or conditions in any other agreement whether oral or written. This Agreement concerns only this specific case as set forth in section one (1) above and in no way supersedes any prior written or oral agreements concerning other cases between the parties.
18. Waiver of Contractual Right:
19. Applicable Law:
The laws of the State of California shall govern this Agreement. Any disputes will be litigated in the courts of Los Angeles County, California.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Consultant: Charlie Williams
Los Angeles, CA. 90078-3801
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed as enforceable as so limited.
Acceptance of this Agreement: The prices, specifications and conditions as outlined in this document are hereby accepted. You are authorized to perform Consultation Services as specified.
Payment will be made by the client(s) to the Consultant ExpertWitness as stipulated, in US Dollars.
Agreed to on this ________ day of _____________________________Year_________________.
Client(s) Name Printed:__________________________________________________________________________
Signature:_____________________________________________________________________________________
Consultant(s) ExpertWitness Name Printed: Charlie Williams
Signature:______________________________________________________________________________________
ExpertWitness Service Charge:
Addendum: Current Hourly Rate Schedule minimum $250.00 per hour – March 1, 2008
Charlie Williams Federal Tax ID: On request
Retainer fee: $1500.00
To be paid prior to starting work for a new client, or on a new case. The hours of services are provided at the rate of $250.00 per hour, will be deducted from the retainer. An invoice for services and expenses will be sent on a regular monthly basis. A refund will be made if services rendered are less than the $1500.00 retainer fee, subject to limitations (see Section 3 above).
Regular Hourly Fee $250.00/hour
Travel Time $50.00/hour
Maximum Daily Rate $2000.00
Expenses include the cost or fee for Lodging Accomodations, Transportation charges are to be prepaid by the client(s).Rental car, postage, long distance phone charges, photocopy charges, photo development, meals, parking, and miscellaneous travel expenses or any encumberances created on behalf of the client(s) will be billed monthly.
Deposition, Arbitration or Court Appearance $250.00/hr
(6-hour minimun.)
Four hour minimum (6) hours at the rate of $250.00 / hour = $1500.00) to be paid in advance of the
Deposition, Arbitration and or Court apperance, an additional $250.00 per hour is to be paid at the conclusion of the Deposition, Arbitration or Court apperance for each additional hour beyond the 4 hour minimum. A minimum $250.00 fee will be charged to client for any deposition cancelled or rescheduled with less than 48 hours notice.
Telephonic Conciliation Fees: $200.00/hour
The following fees are minimuns and subject to change according to the current "Economies of Scale".
Auto Mileage $0.65/mile
Fax Transmittals $1.50/page
Digital Photographs $1.50/photos
Software Duplication $35.00/CD
Video Copies $55.00/copy
Photocopies $0.30/page
Terms of this agreement:
Payment is due upon receipt of invoice. A monthly finance charge of 1.5% will be applied to the outstanding balance after 30 days. Payment for services billed at reduced rates is due within 7 days of receipt of invoice, or standard rates will be applied. Fees must be paid promptly and in full regardless of a third party’s failure to pay the client(s) opinions, either expressed or implied, or the outcome of litigation.
All agreements are between Charlie Williams and the contracting client(s), per this written fee schedule. All contracts or agreements with Charlie Williams are entered into in the judicial district of Los Angeles, California.
All interest, penalties, collection and legal fees incurred in an attempt to collect on past due accounts will be added to the total amount owed by the client(s).
Charlie Williams
Phone number: 213-8194097 or 818-9513663
Fax number: 818-951-3663
Signature(s) indicate acceptance of this agreement: Date_______________________ Method of payment in advance:____________________________________________ Client(s) name printed:___________________________________________________________________________ Client(s) signature:______________________________________________________________________________ Client(s) name printed:___________________________________________________________________________ Client(s) signature: ______________________________________________________________________________ Expert Witness name printed: _____________________________________________________________________ Expert Witness Signature:________________________________________________________________________ Charlie Williams 8345 Glenoaks Boulevard, #6 Sun Valley, California 91352-3511 Phone: 213-819-4097 Fax-Phone: 818-951-3663 Please view additionally Linked Web sites: | |
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