Legal Question in Business Law in Maryland

Residential cad drawings

Good day,

I'm a residential designer asked to prepare architectural drawings for a business friend of my father.

I took a plane trip to get to the site and measure/take pictures. I then wrote him a proposal, stating the design process and fee commission. Afew faxes stated this in detail. He receive it, he never questioned cost, but I did not enforce a signature or downpayment. I assumed he agreed to the terms because he never said he did not agree to them .

Afew months later after submitting the first application, not the final drawings yet, I requested the first payment.

He lives in Florida and has not responded to my calls or a registered letter. What can I do legally to get paid for what I,ve gone already? Half the job is complete and my travel cost has not been paid. I need to be paid for travel, asbuilt survey and preliminary cad drawings. What do I do if he is in another state and does not answer calls or letters?

Thankyou,--name removed--


Asked on 8/20/07, 11:35 am

1 Answer from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Residential cad drawings

You have legal rights even though he did not sign the contract, because he accepted the benefits of your performance under circumstances where he knew he was to pay for them. Even though you apparently do not have an oral agreement (which would also be enforceable if you had spoken to him about the terms and agreed on them) you can still enforce the so-called "quasi-contract" that arises under circumstances like this. The doctrine of "quantum meruit" (roughly meaning "amount earned" in latin) applies. That is, he should pay for the work he received.

Unfortunately, it sounds as if he may be a florida resident. You went to Florida to make the contract etc. so, sounds like Maryland state courts may not have jurisdiction. you probalby need to find a florida atty in the county where he lives.

hope this helps --

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Answered on 8/20/07, 11:50 am


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