It seems like a stretch, but I was told by a neighbor of a client via email today that she would sue me if my client continued to show her property on the drawings I already completed and delivered to the client months ago.
My client has taken said drawings and marketed his property vigorously, implying in some instances that the neighbors property may be a part of his larger vision.
My gut tells me that this neighbor is full of crap and that liability, if any in this case would fall upon the client who 'owns' the drawings. I'm thinking (hoping) this neighbor is just blowing hot air.
Wow! What a great question. Have the contextual chickens finally come home to roost on the perch of property rights?
Too bad we have no lawyers around to comment. But on its face it seems that only a potential buyer would have standing to sue: if a representation was made that the adjacent property is somehow part of the site. This is why that great site plan designation "Not a Part" was invented.
I hope you'll keep us posted on what transpires...
Anyone can sue anyone else at any time - and that can be quite an expensive hassle, even if the action has no merit. Whether the case goes anywhere depends strictly on the facts of the case. If I understand your narrative correctly, I surmise that the neighbor is concerned about the impact of your design (or design intent) on her property's value - what do you mean when you write "the neighbors property may be a part of [your client's] larger vision" ?
To clarify, I completed a series of 'long range' visioning studies for a client. The clients parcel is in the heart of a burgeoning industrial district surrounded by mixed use development. I was hired by the property owner to study his property as it would fit into the framework of the approaching mixed use development. His property and his three neighbors to the south (all about 4 acres currently zoned industrial) are 'hold outs' to the encroaching development. They all contain viable businesses at present.
My client asked me to study all of the 'hold out' properties as one development and how it could fit into the larger framework. My contract was very small and simple. I developed three drawings showing conceptual 'big picture' mixed use development on all four 'hold out' properties as they fit into the proposed mixed use development currently under construction. The neighbor immediately to the south claims that my clients marketing of his property, which includes email blasts to potential buyers (of his, tmy clients4 acres only) is detrimental to his (the neighbors) evidently fledgling self storage business and his reputation. How ? Idont really know. I think they are just being a-hole neighbors. The client wrote in an email basically threatening to take legal action if my client does not 'cease and desist' from using his prroperty in illustrations along side his (my clients) to market his property. He also goes on to threaten to take legal action against his (my clients architect, planner, etc (me) if he does not cease and desist. He also goes on to claim he knows all the 'big architects' in town and that this town is a small one (which throws up red flags to me that this person is a blow hard).
Just to add--I also work as an independent contractor for several larger planning firms where we do lots of 'bubble diagramming' of existing town centers, industrial districts, and residential neighborhoods showing often times drastic usage changes, which are often disseminated publically via municipalities. I have of course witnessed many pissed of property owners, but never heard threats of legal action based solely on a bubble plan or even master plan with as much detail as building envelopes, streets, and parking (which is the level of detail I haad shown on the aforementioned project).
Clearly my work is conceptual. Is there really much difference between a planners drawing and an artists rendition?
Anyone can draw anything. It's not criminal, nor even a civil offense. I'd argue it's relative to free speech. So you're clean, in my mind.
Can your client get in trouble for misrepresentation/false advertising? Possible, but doubtful. As long as they're not promising anything.
Can this guy bring litigation? Absolutely. If it came to that, you'd have to countersue, probably, for coverage of your expenses. That might dissuade him.
I'd not make much of an email but, if you get a lawyer letter (pre-suit), I'd be prepared to ask an attorney friend to draft a response for you.
Oct 27, 12 10:53 am ·
·
Not that I have any expertise on this, but it does sound as if your client might be stepping outside his bounds and into a risky gray area. If you were only portraying what actually exists then nobody could really argue with that. But making proposals about what could exist on neighbors property seems dangerous when representing someone with a clear financial/business interest.
I guess that what I'm saying is that if your client (the developer or whatever you want to call him) wanted to be more savvy about this, he should probably get an independant party to make development proposals for the area. For example, if there were a student studio project studying the area or perhaps a government sponsored study or maybe even an urban development think tank of some kind, then he could use that study in conjunction with your specific plans for his property without tasking you to offer proposals fro the whole neighborhood. Or if he wanted to be sneaky, maybe he could set up a dummy corporation to hire you for the study but no matter how it's done, it would probably help your legitimacy in court if there was at least the appearance that his project was just an independent little piece of a larger collective vision (rather than just a piece of his larger vision which, at this point, he doesn't have the means to fulfill).
I would politely respond to the email and suggest that this individual address their concerns with your client. As Steven said, this is no big deal unless it is followed by correspondence form an actual attorney, at which point you are going to need to get in touch with your insurer or engage an attorney yourself.
I'm an attorney. I was actually doing some online searches for the cost of brick home construction when I stumbled across this forum. Then I saw the word "sue" and my saliva started flowing. :)
The answer to your question is a qualified "yes". People can sue over anything. Of course this also depends upon exactly where you live. If you're not in the United States please ignore me. Even individual states will differ as far as exactly what they allow. But in general this advice should be a good guideline. (Normal disclaimer: this is not a legal contract and I am not entering into an attorney client relationship with you, random internet guy.) However...
The lawsuit sounds frivolous to me. If someone walked into my office asking to hire me and told me this story, I'd ask them to leave. Ask yourself, what injury has this person suffered? Will a jury of 12 normal people (though some states use 6) think this person has been wronged? It sounds like your client may be trying to leverage the community to pressure his neighbor into selling his property. "Hey if it weren't for storage guy we could have a nice new MegaMart here". This isn't really tortious conduct. The neighbor needs to show that he has suffered harm and that your client had a duty not to inflict that harm. I don't think either one exist. You certainly don't have any duty. Besides, you had no knowledge as to what your client was going to do with a series of drawings that you have already created and sold to the client. You no longer have control over what is done with those drawings. Someone asked you to draw a picture, you drew a picture. End of story.
Long story short, do not lose any sleep about this. Your instinct that this guy is a blowhard seems spot on. "Knowing all the architects in town" is a classic loudmouth statement. Anyway, good luck with your building making.
You've stumbled across our ragtag little community and made the most focused, cogent and helpful response I've seen here in a long time. Thank you for that.
No pomp, just circumstance. No jargon (except "tortious," allowed because it's a great word), just info. You really aren't from around here....
Can an adjacent property owner sue architect/planner for including her property in design studies??
It seems like a stretch, but I was told by a neighbor of a client via email today that she would sue me if my client continued to show her property on the drawings I already completed and delivered to the client months ago.
My client has taken said drawings and marketed his property vigorously, implying in some instances that the neighbors property may be a part of his larger vision.
My gut tells me that this neighbor is full of crap and that liability, if any in this case would fall upon the client who 'owns' the drawings. I'm thinking (hoping) this neighbor is just blowing hot air.
Thoughts?
Wow! What a great question. Have the contextual chickens finally come home to roost on the perch of property rights?
Too bad we have no lawyers around to comment. But on its face it seems that only a potential buyer would have standing to sue: if a representation was made that the adjacent property is somehow part of the site. This is why that great site plan designation "Not a Part" was invented.
I hope you'll keep us posted on what transpires...
Anyone can sue anyone else at any time - and that can be quite an expensive hassle, even if the action has no merit. Whether the case goes anywhere depends strictly on the facts of the case. If I understand your narrative correctly, I surmise that the neighbor is concerned about the impact of your design (or design intent) on her property's value - what do you mean when you write "the neighbors property may be a part of [your client's] larger vision" ?
To clarify, I completed a series of 'long range' visioning studies for a client. The clients parcel is in the heart of a burgeoning industrial district surrounded by mixed use development. I was hired by the property owner to study his property as it would fit into the framework of the approaching mixed use development. His property and his three neighbors to the south (all about 4 acres currently zoned industrial) are 'hold outs' to the encroaching development. They all contain viable businesses at present.
My client asked me to study all of the 'hold out' properties as one development and how it could fit into the larger framework. My contract was very small and simple. I developed three drawings showing conceptual 'big picture' mixed use development on all four 'hold out' properties as they fit into the proposed mixed use development currently under construction. The neighbor immediately to the south claims that my clients marketing of his property, which includes email blasts to potential buyers (of his, tmy clients4 acres only) is detrimental to his (the neighbors) evidently fledgling self storage business and his reputation. How ? Idont really know. I think they are just being a-hole neighbors. The client wrote in an email basically threatening to take legal action if my client does not 'cease and desist' from using his prroperty in illustrations along side his (my clients) to market his property. He also goes on to threaten to take legal action against his (my clients architect, planner, etc (me) if he does not cease and desist. He also goes on to claim he knows all the 'big architects' in town and that this town is a small one (which throws up red flags to me that this person is a blow hard).
Thoughts?
Just to add--I also work as an independent contractor for several larger planning firms where we do lots of 'bubble diagramming' of existing town centers, industrial districts, and residential neighborhoods showing often times drastic usage changes, which are often disseminated publically via municipalities. I have of course witnessed many pissed of property owners, but never heard threats of legal action based solely on a bubble plan or even master plan with as much detail as building envelopes, streets, and parking (which is the level of detail I haad shown on the aforementioned project).
Clearly my work is conceptual. Is there really much difference between a planners drawing and an artists rendition?
Anyone can draw anything. It's not criminal, nor even a civil offense. I'd argue it's relative to free speech. So you're clean, in my mind.
Can your client get in trouble for misrepresentation/false advertising? Possible, but doubtful. As long as they're not promising anything.
Can this guy bring litigation? Absolutely. If it came to that, you'd have to countersue, probably, for coverage of your expenses. That might dissuade him.
I'd not make much of an email but, if you get a lawyer letter (pre-suit), I'd be prepared to ask an attorney friend to draft a response for you.
Not that I have any expertise on this, but it does sound as if your client might be stepping outside his bounds and into a risky gray area. If you were only portraying what actually exists then nobody could really argue with that. But making proposals about what could exist on neighbors property seems dangerous when representing someone with a clear financial/business interest.
I guess that what I'm saying is that if your client (the developer or whatever you want to call him) wanted to be more savvy about this, he should probably get an independant party to make development proposals for the area. For example, if there were a student studio project studying the area or perhaps a government sponsored study or maybe even an urban development think tank of some kind, then he could use that study in conjunction with your specific plans for his property without tasking you to offer proposals fro the whole neighborhood. Or if he wanted to be sneaky, maybe he could set up a dummy corporation to hire you for the study but no matter how it's done, it would probably help your legitimacy in court if there was at least the appearance that his project was just an independent little piece of a larger collective vision (rather than just a piece of his larger vision which, at this point, he doesn't have the means to fulfill).
Just my 2¢, yo!
I would politely respond to the email and suggest that this individual address their concerns with your client. As Steven said, this is no big deal unless it is followed by correspondence form an actual attorney, at which point you are going to need to get in touch with your insurer or engage an attorney yourself.
I'm an attorney. I was actually doing some online searches for the cost of brick home construction when I stumbled across this forum. Then I saw the word "sue" and my saliva started flowing. :)
The answer to your question is a qualified "yes". People can sue over anything. Of course this also depends upon exactly where you live. If you're not in the United States please ignore me. Even individual states will differ as far as exactly what they allow. But in general this advice should be a good guideline. (Normal disclaimer: this is not a legal contract and I am not entering into an attorney client relationship with you, random internet guy.) However...
The lawsuit sounds frivolous to me. If someone walked into my office asking to hire me and told me this story, I'd ask them to leave. Ask yourself, what injury has this person suffered? Will a jury of 12 normal people (though some states use 6) think this person has been wronged? It sounds like your client may be trying to leverage the community to pressure his neighbor into selling his property. "Hey if it weren't for storage guy we could have a nice new MegaMart here". This isn't really tortious conduct. The neighbor needs to show that he has suffered harm and that your client had a duty not to inflict that harm. I don't think either one exist. You certainly don't have any duty. Besides, you had no knowledge as to what your client was going to do with a series of drawings that you have already created and sold to the client. You no longer have control over what is done with those drawings. Someone asked you to draw a picture, you drew a picture. End of story.
Long story short, do not lose any sleep about this. Your instinct that this guy is a blowhard seems spot on. "Knowing all the architects in town" is a classic loudmouth statement. Anyway, good luck with your building making.
Wait, lawyer guy! Don't go!
You've stumbled across our ragtag little community and made the most focused, cogent and helpful response I've seen here in a long time. Thank you for that.
No pomp, just circumstance. No jargon (except "tortious," allowed because it's a great word), just info. You really aren't from around here....
How much do we owe you?
massey, if you come back, thanks for weighing in!
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