Contractor did not pay me for my design
Contractor did not pay me for my design
(OP)
I designed a fire sprinkler system for a fire sprinkler contractor whom has never paid me. I do not have a signed contract but I do have an email where he agreed to pay the amount I quoted for the design of this project. I gave them the complete plans & calcs in November of 2016. The fire sprinkler contractor submitted my drawings and a bill to the GC and was paid for my design. He then pulled off the job (along with other projects). The GC gave my fire sprinkler plans (bond copies) to another fire sprinkler contractor whom cut & paste their title block and license number on these plans and stated that they drew them. They then submitted them to the local authority as their own and the plans were approved. So now there installing the system with my design. Is this legal?
I had been designing fire sprinkler projects for this contractor over the past year & a half and had always been paid. I believe he took on to much work and it caused him to experience financial problems.
He won't respond to my emails anymore and he had lied to me about being paid for my design. He changed his cell phone number and he has ripped off a fire protection engineering firm whom he didn't pay as well.
Is there anything I can do legally to collect my money without spending all of it on lawyers? I though about small claims as the amount is under $10,000 dollars. Another problem is I'm in Northern Oklahoma, the project is in Dallas, TX and the contractor is in south Texas. I am not a corporation, I am a independent designer.
Thank you for your help.
I had been designing fire sprinkler projects for this contractor over the past year & a half and had always been paid. I believe he took on to much work and it caused him to experience financial problems.
He won't respond to my emails anymore and he had lied to me about being paid for my design. He changed his cell phone number and he has ripped off a fire protection engineering firm whom he didn't pay as well.
Is there anything I can do legally to collect my money without spending all of it on lawyers? I though about small claims as the amount is under $10,000 dollars. Another problem is I'm in Northern Oklahoma, the project is in Dallas, TX and the contractor is in south Texas. I am not a corporation, I am a independent designer.
Thank you for your help.





RE: Contractor did not pay me for my design
If you had not been paid for the design, and had stamped your design, you should have written the local jurisdiction asking that you be removed as the EOR for the design.
A lot of times that will throw a roadblock to anyone getting a permit.
You can serve him in Texas and would have to travel there for small claims... The email should suffice as a written contract. Not the best, but better than nothing.
Once you get the judgment, you will still have to collect, and that is very problematical if he is having financial problems and has closed his corporation.
Mike McCann, PE, SE (WA)
RE: Contractor did not pay me for my design
You could try to lien the property
RE: Contractor did not pay me for my design
You should call and write the local jurisdiction explaining the situation and request a stop work order, and pursue the present contractor with the state board. And send the present contractor the bill. You have leverage to get paid here.
Mike McCann, PE, SE (WA)
RE: Contractor did not pay me for my design
This other fire sprinkler company left the general notes on the first drawing sheet which one of these notes stated these plans are the property of the fire sprinkler company I drew them for (see attached pic). I whited out the name of the fire sprinkler contractor. I've been told by some including a permitting person that the GC bought my plans when he paid the design bill submitted by the contractor I drew then for and he could give them to the other fire sprinkler contractor or anyone else for that mater. I have disagreed with this statement.
RE: Contractor did not pay me for my design
If you have to, let your lawyer give the jurisdiction a call. Make it clear the you are not going to give up and let this go. YOUR STAMP AND SIGNATURE HAVE BEEN STOLEN. Bottom line.
Mike McCann, PE, SE (WA)
RE: Contractor did not pay me for my design
RE: Contractor did not pay me for my design
Mike McCann, PE, SE (WA)
RE: Contractor did not pay me for my design
Then you are probably out of luck and lucky you are not being charged with practicing engineering without a license.
RE: Contractor did not pay me for my design
Good luck, Dave
Thaidavid
RE: Contractor did not pay me for my design
I don't know about Texas. In California, a licensed Fire Protection contractor can design/build sprinkler systems without a PE.
RE: Contractor did not pay me for my design
Dik
RE: Contractor did not pay me for my design
RE: Contractor did not pay me for my design
There is nothing illegal about what I am practicing. Texas only requires an RME license which can be obtained by a PE or a NICET Level 3 sprinkler designer. Same for Oklahoma & Arkansas.
I maintained an RME license in Texas for about 15 years.
RE: Contractor did not pay me for my design
RE: Contractor did not pay me for my design
RE: Contractor did not pay me for my design
Mike McCann, PE, SE (WA)
RE: Contractor did not pay me for my design
In some jurisdictions engineers and architects can lien... Ontario, Canada for example.
Dik
RE: Contractor did not pay me for my design
As for a lien in Texas, check the Texas construction lien statute, Chapter 53 of the Texas statutes. I'm not sure it helps you since you are a sub-subcontractor and you might have been required to file a notice to owner on the front end.
Good luck. You can always directly sue the fire sprinkler contractor, even without a written contract. If it is $10,000 or less, it can be done in Texas's Justice Court and you won't need to use an attorney.
Here's a link to the Texas "Justice Court" process for small claims.....
Texas State Law Library