Legal Question in Legal Ethics in California
technology, engineering liability
Customer requests engineering work done on existing product. the product is evaluated and its agreed the work will be done. however during work on the customers product it is discovered that the product was designed with or has integrated in it some ''obfuscation'' making the design more difficult to understand, and integration of changes into the product will require far more time than originally thought. no disclosure was given of obfuscation.
how can we, the engineering company be protected against failure to deliver the product changes and our part, inclusive, on time and for the original cost?
it will take 20 times the original estimate or more and half of the original time/labor work has already been completed, costing us in the engineering company.
what can be done?
2 Answers from Attorneys
Re: technology, engineering liability
Was there a written agreement re: work to be done? Did you evaluate the product? Why didn't anyone notice this "obfuscation" and was it reasonable that no one noticed it? In short, I think the answer should lie in your written agreement, if I understand the question.
Re: technology, engineering liability
I agree with Ms. Howard.
I think one of your problems is in trying to sound like a Supreme Court justice in writing the "question".
However, your answer is almost certainly in the agreement. You do not say that the agreement is in writing, and as per Ms. Howard's answer, I would look to that (assuming it is written).
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