Can I pull the E-dwgs out of the city for Non-Payment

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stuartdmc

Senior Member
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Newport Beach, Irvine, CA
Gentlemen,
I have engineered three different projects for this new client who has paid me the retainer fee to start the project, well long story short, the plans went through plan check and have been approved; the contractor has drawn his permit and is currently wiring the jobs. I have called and called him for the final payment which is in the agreement that the final payment is due at the time the permits are issued he refuses to return my calls, its been over three weeks on one of the project and two on the other two. My question is, if he refuses to answer my calls and refuses to pay me, can I go to planning and pull the drawings? Which contains my Electrical Engineering Stamp and signature?
I have never had someone refuse to carry through with the final payment and I don?t know where to go with this.

Thanks for your advisee.
 
As it stands, it seems to me that the contractor is working legally under an approved permit. I don't know if the Planning Dept can do anything at this stage. What you appear to be really asking is whether the Planning Dept would be willing to cancel the permit, and order the work to cease. I think you will have to ask them that question.
 
Not sure what would enable an engineer to get any special treatment with regard to service rendered for a construction project. You'll have to file a lein like the rest of us working stiffs.
 
How goods your lawyer? Is that your standing practice or is that a signed business arragement? I'd have your Lawyer advise you.

You can always let the owner know of your intentions to Lien their property, & cc to the object of the suit, always an eye opener, but not much of a friend maker.
 
cadpoint said:
How goods your lawyer? Is that your standing practice or is that a signed business arragement? I'd have your Lawyer advise you.

You can always let the owner know of your intentions to Lien their property, & cc to the object of the suit, always an eye opener, but not much of a friend maker.
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I would do the same only in a letter to the property owner, also state that the lien will be pulled with the intent of forclosure proceedings to procede as soon as is legally available.

Most who pull liens do not realize that they can start forclosure proceedings soon afterwards (all jurisdictions have slightly different requirements). This is much more effective than just the lien, as many know that liens can be forestalled.
 
I've written a letter to a local building department before indicating my desire to no longer be the "engineer of record" for a specific project....I received a hand delevered check two days from the client asking me to write a second letter back to the city......worked for me. You are the EOR for the duration of the project, not just to help get a permit.
 
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