Legal Question in Business Law in Massachusetts

Architect's leverage

I am a registered architect in MA. If my client has not upheld his end of the contract has not paid for services rendered can I suspend or revoke the building permit obtained with my drawings?


Asked on 10/27/08, 11:52 am

4 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Architect's leverage

This is actually a copyright question. You own copyright in your drawings, and the building is a "derivative work" as defined in the Copyright Act. I assume from the question that you have not already registered your copyright, which does limit your remedies if the project is already underway; a fast registration may give you the right to attorneys' fees and statutory damages. Consult a lawyer immediately.

Best wishes,

LDWG

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Answered on 10/27/08, 12:05 pm

Re: Architect's leverage

I assume you used an AIA contract adn the permit is in the name of a builder or the property owner.

So the answer is no, you cannot suspend the building permit. You do have an action to collect fees and you can cease doing nayother work until paid. You may also be entitled to file a lien on the project.

I would suggest you contact an attorney as soon as possible.

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Answered on 10/27/08, 12:19 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Architect's leverage

no.

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Answered on 10/28/08, 8:19 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Architect's leverage

I would NOT try to do so. You would risk liability under the consumer protecton act. However, you may have mechanics lien rights, which can accomplish close to the same objective. Certificate of occupancy, etc., may not be obtainable as long as there are mechanics liens on the building. This can be highly complicated. Feel free to contact me directly; I do lots of this kind of work.

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Answered on 10/27/08, 9:32 pm


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