Legal Question in Civil Litigation in California
Use of Confidential Info. by a sub contractor
I have a delivery business that uses independant sub contractors. The area that I've service for my client was put up for bid and I lost my biggest account to one of my own sub contractors. I was always told by my 3rd party adminitrator that this is not allowed per our contract with them. When I told them of this breach, I was told that I would have to prove he used confidential infromation. I explained to both the client who awarded the contract to the sub contractor and the 3rd party adminstrator this was not legal, ''to use my own sub contractor to get a lower bid could be culusion'' Do I have any claim of breach? Thanks
2 Answers from Attorneys
Re: Use of Confidential Info. by a sub contractor
Without knowing what the contract said, there is no way to know whether it was breached. That other people have told you they believe the contract forbids something is not enough information.
Re: Use of Confidential Info. by a sub contractor
Sure, you got a 'claim'. Whether you can prove it, and whether you're entitled to bring it, is a different story. IF you have a written contract that prohibits such action, or IF you can show the conduct violated the 'Unfair Competition' rules, then you might consider bringing legal action. If you are serious about doing so, and if this is in SoCal, feel free to contact me.
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