The fellow is UST's retained engineer. When I asked UST about the wind load
of my proposed antennas (not just 1 foot above the top of the tower, for
which the towers are rated, but several stacked antennas, which will lower
the load the tower can handle due to the greater wind load higher up the
structure), they sent me to him. I offered to pay him his usual fee, but he
said that doing initial calcs like this this is part of what he does for UST
and he declined.
This is not a contract matter where I'm claiming breach or looking for a
remedy. Rather, it's a serious lack of customer service to support sales on
the front end. How can I consider a tower purchase without knowing if the
tower I'm selecting can handle my proposed use? Since I have to obtain a
building permit, and require sealed plans (a Missouri licensed engineer is
required, by the way) that demonstrate compliance with the City's adopted
engineering standard for antenna support structures, getting a read on wind
loading compliance up front is necessary.
Emails can in fact constitute the offer/acceptance of contract formation. If
a verbal exchange can form a contract, so can an email exchange. Unlike oral
testimony, it's hard to deny what you typed in an email.
From: Richards [mailto:firstname.lastname@example.org]
Sent: Saturday, August 02, 2008 12:27 AM
Cc: Lou Laderman; email@example.com; firstname.lastname@example.org
Subject: Re: [TowerTalk] Tashjian Towers
Hmmm... Interesting take.
Parenthetically, I was just wondering if the guy was on the payroll or not,
and thinking I might spot the guy wider latitude and allow for a longer
delay if he was working gratis, like during the initial research phase pf a
project, but expect more prompt service if he was already on the payroll.
But your point is an interesting consideration on its own.
THANKS ===== Richards - K8JHR =====
>> Lou Laderman wrote:
>>> concerned that even once I finally get an answer I won't be able to
>>> get stamped plans needed to get a building permit for a long time.
> In California, work done by a PE (working as a PE.. if someone wants
> you to cut their grass or dig a ditch, that's different) has to be
> with a written contract. The contract has to contain some specific
> things (description of the work, schedule, rate, etc.). If you
> someone asks you to do something on the phone, that's typically not
> something you could charge for. If there's an issue of
> non-performance, there's a variety of remedies (aside from the obvious
> lawsuit). I'm not sure if an email exchange would meet the
> requirements of the law as far as "written contract"
> (obviously, there are some details, exceptions, etc.. but that's it in
> broad strokes)
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