Legal Question in Real Estate Law in California

architectural contract

We prepared plans for 2 custom homes. The developer signed the contract under his corporation. We sined the plans and a building permit was issued. The developer sold the lot and plans to a second party and did not pay us. the second party is now building the homes without our permission or reassignment of our contract. Can we go after the second party for our fee or stop the job?


Asked on 6/22/07, 5:22 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: architectural contract

As I understand it, most architect's contracts including the AIA form agreements give the architect substantial control over who can use the plans. You may have either a right to record a mechanic's lien (as Mr. Berger is apparently suggesting) or proceed more conventionally for breach of the contract. You very well may have thelegal power to stopn the job by injunction, if the lien alone doesn't do the job. Even if the contract doesn't give you the necessary rights, you might be able to sue under intellectual-property or unjust enrichment theories.

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Answered on 6/24/07, 8:37 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: architectural contract

You likely have the right to lien the property. However, time is of the essence. Please call me asap.

-Ben

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Answered on 6/22/07, 5:40 pm


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