OK, this is troublesome, and I am inquiring for some insight :)
the Client receives their invoice on Project #1, and they respond with a threat to go the State Board suddenly to "make a claim" on Project #2 with grounds of aesthetic items that they state were "deficiencies" on the original design. These stated "deficiencies" are clear scope change/additional services but are being deemed as flaws in the original design as leverage to not pay (at all) for Project #1.
The above was conveyed in an email, and actually is clearly read as a threat (and possibly extortion).
I am trying to gain some insight and opinions on recommended next steps.
thanks, and have a great evening!
archi_dude
Oct 13, 17 10:09 am
Standard AIA forms of agreement don’t even allow that for the same project let alone on two different ones. Don’t remember the section off the top of my head but it’s in there.
geezertect
Oct 13, 17 10:28 am
It's hard to know what really happened based on your email, but sleazy clients will always threaten lawsuits and such, because they know architects (and everyone else) are deathly afraid of lawsuits. Don't panic. Call their bluff. It sounds like extortion from what you say, and should be apparent to an objective observer. Suing and winning are two different things.
I don't understand what an aesthetic deficiency means, anyway.
thatsthat
Oct 13, 17 11:09 am
Definitely call your lawyer and find out what your options are. They shouldn't think it's ok to stiff you out of money.
Miles Jaffe
Oct 13, 17 11:23 am
The good news is that you only got a nasty email, you didn't get served.
Cease and desist from all work immediately. Do not contact the client.
Consult with a lawyer. You will probably be advised to make a case for and initiate action for fee collection and to put a lien on the property
Prior to any action you need to consider the entire range of options and how much you want to spend (of your money, time, and life) engaging with this asshole. Best case scenario - they back off and make a settlement where you go away with a hold-harmless. Worst case - they decide to bury you with legal fees out of spite.
geezertect
Oct 13, 17 11:28 am
Hang on to that email. If they were sloppy in drafting it they may have hurt their case.
chigurh
Oct 13, 17 11:34 am
A state board complaint doesn't mean they will automatically side with your client, typically will investigate the issue and make a determination on whether or not your services were substandard. If you have a solid case and technically accurate documents, I wouldn't worry about it. Not getting paid on the other hand is a difficult and long path to a end, often times costing more in time and energy than the claims process is worth. If they are trying to get money that has already been paid to you, call a lawyer ASAP.
If you know you are wrong or made a mistake, man up and call your professional liability insurance provider to file a claim to fix the problem, or pay out of pocket.
Hi, Everyone!
OK, this is troublesome, and I am inquiring for some insight :)
the Client receives their invoice on Project #1, and they respond with a threat to go the State Board suddenly to "make a claim" on Project #2 with grounds of aesthetic items that they state were "deficiencies" on the original design. These stated "deficiencies" are clear scope change/additional services but are being deemed as flaws in the original design as leverage to not pay (at all) for Project #1.
The above was conveyed in an email, and actually is clearly read as a threat (and possibly extortion).
I am trying to gain some insight and opinions on recommended next steps.
thanks, and have a great evening!
Standard AIA forms of agreement don’t even allow that for the same project let alone on two different ones. Don’t remember the section off the top of my head but it’s in there.
It's hard to know what really happened based on your email, but sleazy clients will always threaten lawsuits and such, because they know architects (and everyone else) are deathly afraid of lawsuits. Don't panic. Call their bluff. It sounds like extortion from what you say, and should be apparent to an objective observer. Suing and winning are two different things.
I don't understand what an aesthetic deficiency means, anyway.
Definitely call your lawyer and find out what your options are. They shouldn't think it's ok to stiff you out of money.
The good news is that you only got a nasty email, you didn't get served.
Cease and desist from all work immediately. Do not contact the client.
Consult with a lawyer. You will probably be advised to make a case for and initiate action for fee collection and to put a lien on the property
Prior to any action you need to consider the entire range of options and how much you want to spend (of your money, time, and life) engaging with this asshole. Best case scenario - they back off and make a settlement where you go away with a hold-harmless. Worst case - they decide to bury you with legal fees out of spite.
Hang on to that email. If they were sloppy in drafting it they may have hurt their case.
A state board complaint doesn't mean they will automatically side with your client, typically will investigate the issue and make a determination on whether or not your services were substandard. If you have a solid case and technically accurate documents, I wouldn't worry about it. Not getting paid on the other hand is a difficult and long path to a end, often times costing more in time and energy than the claims process is worth. If they are trying to get money that has already been paid to you, call a lawyer ASAP.
If you know you are wrong or made a mistake, man up and call your professional liability insurance provider to file a claim to fix the problem, or pay out of pocket.