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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25386
Experience:  Attorney with over 35 years of business experience.
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I am a sub-contractor to a known, reputable business associate

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I am a sub-contractor to a known, reputable business associate on a project. our client that has hired an interior designer to do some design work. This work encompasses exterior work I have partially completed. The designer has gone around the usual professional chain of command direrctly to the client with unfounded and unsubstiantiated claimes we are doing sub-standard work. Subsequently, the property owner has decided to sever the agreement in favor of hiring the designer and her subs to supervise and complete the work using her subs.

Q: Do I/we have grounds for a lible suit, loss of revenue, contract severance, etc? Financial loss is eminent as well as damage to reputation and future income on our part.
Submitted: 5 years ago.
Category: Business Law
Expert:  lwpat replied 5 years ago.
Much commercial litigation has involves claims for tortious interference with contractual or other business relations. This type of claim is based on the notion that the possessor of a contract is entitled to pursue a claim against an intermeddler who adversely affects those property rights. This claim was originally applied in an English case reported in 1853 where a singer under contract to sing at the plaintiff's theater was induced by the defendant, who operated a rival theater, to break her contract. The court held that the plaintiff was entitled to recover money damages from the rival theater owner for his interference with the singer's contract, which was essentially a form of unlawful competition. Here it appears that you have a similar claim and that it is valid. You need to contact a business law attorney and have him issue a "cease and desist" letter to the designer. If you have further specific questions, please continue in this thread.
Customer: replied 5 years ago.

Further information:

No construction specifications given by client/designer

No contract time deadlines between client / const. management / myself

No founded evidence of wrong doing or negligence

Can reimbursement directly from client (owner) be sought should they sever agreement?

 

Expert:  lwpat replied 5 years ago.
You would sue the designer for tortious interference and the owner for breach of contract.

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