ADA Expert, Inc. Retainer Agreement

This agreement governs ADA-Expert, Inc. and Gene Mattera assisting your clients with ADA compliance. All data gathered in preparation for reports or acting as an expert witness in matters is strictly confidential and will not be released to any party without your consent.  Services are to be performed by ADA/Expert, Inc. and Gene Mattera for your Clients or on behalf of your firm. 

Retainer:  To bind this agreement, you agree to pay a retainer to ADA/Expert, Inc. and Gene Mattera equal to 25% of anticipated fees.  This is a non-refundable fee.  You may not identify ADA/Expert, Inc. and Gene Mattera as either a testifying or non-testifying expert until such time as the retainer fee has been paid. Work will proceed when the retainer fee and Retainer Agreement are received by ADA/Expert, Inc. and Gene Mattera.

Any charges for additional work performed by ADA/Expert, Inc. and Gene Mattera that exceed the amount of the Retainer will be invoiced monthly and will be due and payable immediately.

Fees:  Our fees for services would be based on an hourly rate as follows:

            Gene Mattera Site Visits and Report Writing @ $300.00 an hour

            Gene Mattera Courtroom Trial Testimony @ $450.00 an hour

            Gene Mattera Expert Witness Depositions @ $450.00 an hour

            Clerical Assistance, Drafting, Technical Analysis @ $125.00 an hour

Deposition testimony:  You are responsible for assuring that reasonably estimated deposition fees will be paid by other attorneys and will be paid within thirty working days of the deposition.  If payment is not received by this time, you are responsible for any deficiencies in payment by deposing attorneys.

Trial testimony:  When testimony at trial is scheduled, the balance for any outstanding time and expense is due immediately.  An additional retainer of $1,000.00 is due to cover trial preparation and testimony.  Any credit balance from a previously received retainer will contribute to this retainer.  Additional consulting or testimony (if any) will be invoiced upon completion of consulting activity or oral testimony.

Expenses:  In addition to paying hourly consultation services, you agree to pay reimbursable expenses incurred by ADA/Expert, Inc.. and Gene Mattera that will be billed.  You agree that you are liable for any debt incurred by ADA/Expert, Inc. and Gene Mattera on this project.

Payment:  All invoices are due & payable upon receipt.  A late fee of 1.5% will be added each month to invoices 30 days or more past due.  All outstanding balances must be paid in full before additional work is performed.  You are responsible for all payments as outlined in this contract, regardless of any arrangement you may have with any party or parties you represent.  In no case will payment be based on a contingency or lien, or deferred until settlement of the case.  Payment to ADA/Expert, Inc. and Gene Mattera for the services provided is not dependent upon our findings, nor on the outcome of any legal action, mediation, arbitration, or the amount or terms of any settlement of the underlying legal cause, nor on any contractual arrangement between you and any other person or party.

Collection:  You agree to pay all collection expenses including attorney’s fees and any other costs ADA/Expert, Inc. and Gene Mattera incurs in connection with the collection of ADA/Expert, Inc. and Gene Mattera’s consulting fees and expenses.

Termination:  You may discharge ADA/Expert, Inc. and Gene Mattera at any time by providing a written notice (effective upon receipt).  Regardless of any such discharge, payment in full for services rendered prior to the effective date of such notice as well as costs incurred by ADA/Expert, Inc. and Gene Mattera will be due immediately upon receipt of final invoice from ADA/Expert, Inc. and Gene Mattera.  ADA/Expert, Inc. and Gene Mattera may withdraw from the case at any time with your consent for good cause, or for breach of any part of this agreement.  Not making payments when due would constitute a breach of this agreement.

Limitation of Liability:  The Americans with Disabilities Act (ADA) and the ADAAG guidelines are extremely complex, and often open to interpretation.  While ADA/Expert, Inc. and Gene Mattera have many years of experience and an excellent track record on interpretation of the ADA and ADAAG guidelines, we cannot guarantee that others will concur with our assessment.  The fact that another inspector, expert, lawyer, court or other entity may disagree with our assessment, or may interpret the ADA or ADAAG differently, shall not be construed as a failure by ADA/Expert, Inc. and Gene Mattera to perform services in a careful or conscientious manner.

ADA/Expert, Inc. and Gene Mattera will provide the highest quality of service possible.  It is understood and agreed to, that ADA/Expert, Inc. and Gene Mattera total liability for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes will be limited to a maximum of the net fee received by ADA/Expert, Inc. and Gene Mattera, not including direct project expenses, for all services rendered on the project.  Such causes include, but are not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty.

In signing this agreement, you agree to the above-stated terms.

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Signed by Gene C. Mattera
Signed On: April 2, 2024

Signature Certificate
Document name: ADA Expert, Inc. Retainer Agreement
lock iconUnique Document ID: 5ac4253ecdcae52bd48221c74f4e01249e603f4e
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April 2, 2024 11:44 am EDTADA Expert, Inc. Retainer Agreement Uploaded by Gene C. Mattera - [email protected] IP
April 2, 2024 11:47 am EDTGene Mattera - [email protected] added by Gene C. Mattera - [email protected] as a CC'd Recipient Ip: