Legal Question in Construction Law in California

Architecture

My small (4 person) architectural firm has what I consider an u-nenforcable ''you cannot quit'' clause in a contract with a very large (multi billion dollar) client. Recently, their project manager, who is very un-knowlegable, started using profanities, and threatening to fire us. Not needing the client, we quit, in the middle of his project. it has not gotten letigious yet, but can a ''no quit'' clause in a contract be enforced? The contract states that they can fiore us at any time, but we have to work on anything they give us. The project manager';s use of profanity and constantly questioning our work ethics has created a hostile work environment that we no longer want to be a part of.


Asked on 9/02/08, 4:06 pm

2 Answers from Attorneys
Erik Nowacki Business Law Inc.

Re: Architecture

This is an almost impossible question to answer without reading the provisions in your contract. Do you have a liquidated damages clause specifying a fixed amount of damages in the event you quit? How is the "you cannot quit" clause worded? Are there any provisions in the contract dealing with the conduct of your client? If so, you may be able to claim that the project manager's behavior constitutes a breach of the contract as well.

In general, a "no quit" clause can be enforced in a contract between two companies, but not against an individual.

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Answered on 9/02/08, 4:35 pm
Terry A. Nelson Nelson & Lawless

Re: Architecture

Nobody can force anybody to work [involuntary servitude, slavery, and all that], BUT they can sue you for damages per the contract terms. You should have consulted with counsel before taking action if you didn't understand the consequences. Consult with one now to see what can be done to minimize the pain you're going to suffer for breaching the contract, and what your defenses may be. Feel free to contact me if serious about doing so.

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Answered on 9/02/08, 5:58 pm


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