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Can I file suit and how

California

I'm a contractor and I'm having an issue with a Designer that prepared my construction drawings I've paid him money over $7000 part of the contract price to prepare a set of plans to submit to the city. He did prepare the plans and I submitted them to the city however when the corrections came back from the city I can't seem to get him to finish the job and make the city changes. He's been giving me a lot of excuses, lying about when he'll have my corrections ready over and over again. I've been chasing him over 2 months now and can't get him to honor the contract and finish the job. I'm loosing a lot of time which is affecting my ability to build the home and make money. I'm sort of stuck because he is the one that created the plans and now I can't get the changes done. I would like to know what my legal options are. Am I able to sue him for the money I paid plus damages, stress etc so that I can find another designer to get this job done. I don't want to just loose out here.

1 reply

Nov 9, 2022
Yes, you can sue the designer if he is not honoring your contract and interfering with your ability to perform your contract with the property owner. Your damages may depend upon the property owners' responses to the delay. However, at the very least would probably be the contract price of $7,000.00 plus the excess price of the replacement designer contract price over $7,000.00. To determine the validity any likeliness of success or failure in pursuing the claim you should first consult with a Construction Law Attorney.
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