Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so
Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest set of drawings and we are now receiving calls from buyers who want to make changes to the drawings. Do we have exposure here?
A:
Check your contract. Depending on your payment, you may have released your rights to the other company.
You may have the right to contract independently with the home owners.
Consult with an attorney.
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