Venting about people that suck

[tehparadox86]

I run a small civil business. I was hired by a homeowner to make adjustments to the original grading plans because the homeowner made alterations to the locations of some BMP's. The home was nearly complete before a dispute between the homeowner and contractor happened. The contractor left the job but during the entire process, the permits / plans were submitted by the contractor and in the permits / plans were in the contractor's name. The homeowner needed me to sort of recreate the grading plans with the adjustments since the contractor refused to hand over the cad files to the homeowner. The contractor is now claiming I infringed on their original plans, but I simply took the originals plans, had my own survey done to verify the conditions of the newly built home, and I only referenced old existing data from the original plans, as well as the original calculations since that was what was shown on the original plans. I have the homeowner's name / info on the plans so he can submit to the local jurisdiction to take over the permit and finish the home. The contractor now has sent me threating legal action, as well as filed a complaint with the State Board of Engineers. Needless to say, I have to pay my attorney $3K to review the matter, write the contractor a letter, as well as prepare for potential legal action and prep me for speaking with the board of engineers. At the end of the day, some people just suck.

 

[Guest090822]

Welcome to Construction. Most (not all) contractors are the most mean-spirited, spiteful, and territorial people you will ever deal with. The good news is lawyers are even worse. Sadly though, it's the lawyers that will be making money on both sides of your ordeal as they always do.

If the contractor isn't an engineer, didn't professionally seal any of the drawings, or have a disclaimer about the information being copyrighted (or equiv.) then you are likely just paying a lawyer to send FU letters back and forth. It varies state to state.

If the contactor isn't an engineer and he/she prepared plans then you may have a pretty good counter-claim that he/she is practicing engineering without a license.

Again, laws vary from state to state.

Good Luck!

 

[dik]

If I had it to do all over again, I would have gone into medicine.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[IRstuff]

No, Dik, medicine sucks in a totally different way; ask my wife

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert!

https://www.youtube.com/watch?v=BKorP55Aqvg

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[dik]

I still think I would have had a good time with that; I agree that there are different problems.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[LittleInch]

Referenced data and original calculations?? Hmm, not exactly black and white here though. Unless those drawings etc ere freely available on a public domain like a planning portal, but even then that sounds like a bad idea to me.

Clearly we don't know the details and getting legal boys involved is just a way to ruin both parties.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[tehparadox86]

The calculations were general stormwater calcs that were approved by the county. I simply double checked the calcs and add the table to the adjusted drawings. Highly doubt you can copyright Q=CIA or pipe capacity calcs. this is grading site plan not architectural or structural drawings. 90 percent of the house was built already and the new plans were needed to initiate a final inspection. Reference data was simple easement information and original grades (grades were changed and I couldn’t verify so had to go off the plans).

 

[bimr]

The plans would have had to be signed by a professional to be accepted by the AHJ. The outcome will depend on whether the Owner paid the Contractor for the design work. If the Contractor has not been paid, then you probably have a violation of the engineering act.

What is "infringe on original plans"? Is the infringement making an unauthorized copy (copyright violation)?

You may have a copyright violation. Consult with your insurance agent to ensure that your policy covers copyright infringement.

If you receive construction plans from another party and are asked to construct, modify or otherwise use those plans, you should require the party providing those plans to indemnify you for any copyright infringement claims that arise therefrom. The written indemnification provision also should include indemnification for any other forms of intellectual property or unfair competition claims that may arise from your use of those plans and should include a duty to defend any related litigation in addition to the duty to indemnify.

Relying on an attorney may not be helpful. Attorneys don't necessarily know what the law is. An attorney is just someone who has the authority to process the paperwork at the courthouse. Most of the time, the attorney will rely on the client to develop the strategy.

 

[SwinnyGG]

In my jurisdiction approved permit plan sets are publicly available - the permits themselves are a matter of public record; all that is required to pull the approved stormwater plans for a project are knowing the street address.

May want to look into that... seems to me that the plans you used as a starting point being publicly available would greatly aid your position.

 

[dik]

I understand that stress is the condition caused by not beating the sh*t out of someone that desperately deserves it.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[TigerGuy]

It sounds like the homeowner and contractor had a disagreement. So the contractor is taking his toys and going home?

I don't like working for homeowners. They are quick to litigate and slow to understand others' points of view.

Sadly, you get to deal with the legal side of all this. Wouldn't it be great if we could sit down with people and discuss things, before we call in the attorney?

 

[Tmoose]

" Most (not all) contractors are the most mean-spirited, spiteful, and territorial people you will ever deal with."

My limited experiences over the last decade or so confirm that, in spades.

It maybe be contagious. The local town wetlands conservation agency had a most disagreeable, arbitrary, technically incompetent chief.
She required a commercial $$$ sock-like $iltation barrier, and that an additional 60 plus feet of it be installed on the uphill side of my daughter's residential construction site, where it would only keep the miniscule run-off from a centuries old established forest (10 feet or more above the wetlands) from entering the construction site.
GRRRR