Q: I need to sue a structural engineer/ architect for breach of contract. The person did not deliver building blueprints.
Structural Engineer we hired agreed via a signed contract to provide building blueprints and specs for our renovation of our home this was to be completed in a specific time frame. We paid him 1750.00 up front and the balance to be paid upon receipt of the drawings. This has not happened. We would like to get our 1750.00 back for failure to fulfill the contract.
I am almost exclusively practicing criminal defense law these days, but I do have prior experience with contracts and civil litigation, so maybe I can get the conversation started. A few questions that come to mind are: Have you spoken with or corresponded with the engineer? Is the engineer alive? Do you no longer want the work completed? Have you already had the job done by someone else? How specific was the "time-frame" in the contract? Were there other communications between you that complicated matters -- like changes? Did the contract specify a certain date? Is there language in the contract like, "time is of the essence"? Were there any circumstances that may have caused the delays -- like lack of access? The timing of your communications and actions -- and passage of time as related to these different possibilities, and actions taken or not taken by either of you may affect your position. There are sometimes factors like these that can affect the rights of the parties So if the question is: Can you sue successfully? my answer is: I don't have enough information. If there is an actual breach of contract for which there is no legal excuse, then typically you would make a written demand for a refund of the down payment with a deadline, after which you might file a small claim action. Maybe if you supplement your question someone can give you a better answer.
Sometimes it pays to get an attorney involved in a small claims case.
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