Get in Touch With a Dependable Land Surveying Company

Invoices for Van Neste Surveying’s services shall be submitted, at Van Neste Surveying’s option, either upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt. If the invoice is not paid within 30 days, Van Neste Surveying may, without waving any claim or right against the Client, and without any liability whatsoever to the Client, terminate the performance of services.
The Client’s obligation to pay for the work contracted is in no way dependent upon the Client’s ability to obtain financing, zoning approval, approval of governmental or regulatory agencies, final adjudication of a lawsuit in which Van Neste Surveying is not involved, or upon the Client’s successful completion of the project. To preserve lien rights in accordance with the Mechanics Lien Laws in Minnesota, Van Neste Surveying may file liens in the county where the project is located, within 120 days after the last item or service labor has been furnished. It is agreed that all expenses incurred by Van Neste Surveying in liening or collecting any delinquent amount, including but not limited to, reasonable attorney’s fees, financial charges, witness personnel, document duplication, filing fees, organization and storage costs, court costs, travel and subsistences, shall be paid to Van Neste Surveying in addition to the delinquent amount.

Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.0% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney’s fees.

The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Van Neste Surveying, his or her officers, directors, employees, agents, and sub-consultants from and against all damage, liability and costs, including reasonable attorneys fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence or willful misconduct of Van Neste Surveying.

The client agrees that it will limit any and all liability, claim for damages, cost of defense or expenses to be levied against Van Neste Surveying on account of design defects, breach of contract, errors, omissions or professional negligence to a sum not-to-exceed $25,000.00 or the amount of Van Neste Surveying’s fee, whichever is less.

The only warranty or guarantee made by Van Neste Surveying in connection with services performed under this Agreement is that such services are performed with the care and skill ordinarily exercised by reputable members of the profession practicing under similar circumstances in the States of Minnesota or Michigan (whichever is applicable). No other warranty, expressed or implied is made or intended by rendition of consulting services.

All original documents produced by Van Neste Surveying under this agreement shall remain the property of Van Neste Surveying and may not be used by the Client for any other endeavor without the written consent of Van Neste Surveying.

This agreement may be terminated by either party upon at least seven (7) days written notice in the event of a substantial failure by the other to perform in accordance with the terms hereof through no fault of the terminating party. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. If this Agreement is terminated, Van Neste Surveying shall be paid for services performed to the termination notice. Van Neste Surveying shall retain the right to terminate services without the written notice if there are any outstanding accounts that are unpaid 60 days after an invoice date. 

Any claims or disputes made between the Client and Van Neste Surveying shall be submitted to non-binding mediation. Client and Van Neste Surveying agree to include a similar mediation agreement with all contractors, subcontractors, sub-consultants, suppliers, and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.