Legal Question in Construction Law in New Jersey
apparent agency
When a contractor performs based on a designer instructions without the owner's consent is the contractor entitled to payment based on apparent agency of designer for the owner
2 Answers from Attorneys
Re: apparent agency
Yes if there is apparent authority. That would be a matter of proof and it would be difficult to prove unless there was a prior history of designer-approved changes followed by payment that would establish a pattern of ratification and justifyable reliance.
See also: http://info.corbettlaw.net/lawguru.htm
Re: apparent agency
First, re-read your question, it does not make sense. IF you are asking if someone performs under apparent authority, there are a number of questions to be addresses, including, did the owner discover the work being done before it was completed, and if he did, what did he do? IF I get the drift of your inquiry, this is not a question that can be easily answered, it is very fact specific.
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