Contractor did not pay me for my design

[cupcars]

I designed a fire sprinkler system for a fire sprinkler contractor whom has never paid me. I do not have a signed contract but I do have an email where he agreed to pay the amount I quoted for the design of this project. I gave them the complete plans & calcs in November of 2016. The fire sprinkler contractor submitted my drawings and a bill to the GC and was paid for my design. He then pulled off the job (along with other projects). The GC gave my fire sprinkler plans (bond copies) to another fire sprinkler contractor whom cut & paste their title block and license number on these plans and stated that they drew them. They then submitted them to the local authority as their own and the plans were approved. So now there installing the system with my design. Is this legal?

I had been designing fire sprinkler projects for this contractor over the past year & a half and had always been paid. I believe he took on to much work and it caused him to experience financial problems.
He won't respond to my emails anymore and he had lied to me about being paid for my design. He changed his cell phone number and he has ripped off a fire protection engineering firm whom he didn't pay as well.

Is there anything I can do legally to collect my money without spending all of it on lawyers? I though about small claims as the amount is under $10,000 dollars. Another problem is I'm in Northern Oklahoma, the project is in Dallas, TX and the contractor is in south Texas. I am not a corporation, I am a independent designer.

Thank you for your help.

 

[msquared48]

Might try going against his Bond... if he had one as he should have.

If you had not been paid for the design, and had stamped your design, you should have written the local jurisdiction asking that you be removed as the EOR for the design.

A lot of times that will throw a roadblock to anyone getting a permit.

You can serve him in Texas and would have to travel there for small claims... The email should suffice as a written contract. Not the best, but better than nothing.

Once you get the judgment, you will still have to collect, and that is very problematical if he is having financial problems and has closed his corporation.

Mike McCann, PE, SE (WA)

 

[hawkaz]

It is not legal to modify your sealed plans without your permission- even the titleblock. You could report them to the local tech reg board- but I don't think it will help you get paid.
You could try to lien the property

 

[msquared48]

I did not catch that...

You should call and write the local jurisdiction explaining the situation and request a stop work order, and pursue the present contractor with the state board. And send the present contractor the bill. You have leverage to get paid here.

Mike McCann, PE, SE (WA)

 

[cupcars]

The local permitting department was whom I contacted to find out if any fire sprinkler plans had been submitted for this project. Dallas uses a third party plan reviewer/reviewers. The permitting person told me the plans were being reviewed and would be on his desk the following Monday. I emailed him a pdf of my plans so he could compare them. That Monday he emailed me a pic of the first two sheets confirming they were my drawings. He then closed the communication with me as he probably didn't want to get involved.

This other fire sprinkler company left the general notes on the first drawing sheet which one of these notes stated these plans are the property of the fire sprinkler company I drew them for (see attached pic). I whited out the name of the fire sprinkler contractor. I've been told by some including a permitting person that the GC bought my plans when he paid the design bill submitted by the contractor I drew then for and he could give them to the other fire sprinkler contractor or anyone else for that mater. I have disagreed with this statement.

 

[msquared48]

Go up higher. Be agressive and assertive here.

If you have to, let your lawyer give the jurisdiction a call. Make it clear the you are not going to give up and let this go. YOUR STAMP AND SIGNATURE HAVE BEEN STOLEN. Bottom line.

Mike McCann, PE, SE (WA)

 

[cupcars]

One thing I failed to specify in my post was that I am not a PE, I am just a Nicet Level 3 fire sprinkler designer. The only thing on these plans that reference me is my initials in the title block as this fire sprinkler company has it's own State License and it's own State RME License which I put on these drawings. This doesn't change the fact that I can prove these drawings were drawn by me. Sorry if I mislead you on the PE License.

 

[msquared48]

Well, I would still take it up with your state licensing board. It's still theft.

Mike McCann, PE, SE (WA)

 

[Ron]

One thing I failed to specify in my post was that I am not a PE, I am just a Nicet Level 3 fire sprinkler designer.

Then you are probably out of luck and lucky you are not being charged with practicing engineering without a license.

 

[thaidavid40]

Regardless of your personal registration status, they certainly violated an ethical canon when they passed off your work as theirs. Theft, and misrepresentation of intellectual property is a chargeable and fineable offense in every jurisdiction in which I am registered, and is likely there also. These people need to be stopped soon, and you should definitely go after them aggressively.
Good luck, Dave

Thaidavid

 

[wannabeSE]

Ron,
I don't know about Texas. In California, a licensed Fire Protection contractor can design/build sprinkler systems without a PE.

 

[dik]

I would put the Contractor, the Sprinkler sub-contractor, the Building Owner, the Authority having Jurisdiction, and the 'clerk' of your City/Town/Municipality on notice in writing that construction using work prepared by you and stolen. I'd also include a copy to your lawyer, listing everyone that was copied with CC:.

Dik

 

[canwesteng]

IMO the GC has paid for the plans if they paid the sprinkler company for them. The only issue is that the new guys changed the title block. I would think the likelihood of collecting from the guy going belly up is low, a lien might be the best course of action.

 

[cupcars]

Then you are probably out of luck and lucky you are not being charged with practicing engineering without a license.

There is nothing illegal about what I am practicing. Texas only requires an RME license which can be obtained by a PE or a NICET Level 3 sprinkler designer. Same for Oklahoma & Arkansas.
I maintained an RME license in Texas for about 15 years.

 

[stevenal]

Unpaid construction contractors can lien against the property. Perhaps designers can do so as well. Might want to check the statutes.

 

[CWB1]

JMO but the contractor who sub'ed the design to you is the one who is attempting to cheat you, not the GC, contractor who completed the installation, nor the customer so I would suggest that it is unfair and unethical to consider a lien or other action against them. OTOH, I would be more surprised to hear the customer and GC didn't have contracts with their subs preventing liens than I would to hear an engineer successfully placed a lien against property.

 

[msquared48]

Sounds like it is time to check with a good contract attorney.

Mike McCann, PE, SE (WA)

 

[dik]

stevanal:

In some jurisdictions engineers and architects can lien... Ontario, Canada for example.

Dik

 

[Ron]

cupcars...my apologies. In my state, you would have to be licensed as an engineer to design a fire sprinkler system. No disrespect intended.

As for a lien in Texas, check the Texas construction lien statute, Chapter 53 of the Texas statutes. I'm not sure it helps you since you are a sub-subcontractor and you might have been required to file a notice to owner on the front end.

Good luck. You can always directly sue the fire sprinkler contractor, even without a written contract. If it is $10,000 or less, it can be done in Texas's Justice Court and you won't need to use an attorney.

Here's a link to the Texas "Justice Court" process for small claims.....

Texas State Law Library