- Contract Cancellation:
Based on the contract terms, if the owners decide to terminate the agreement before the delivery of the design, they are required to pay BuildForm the retainer and also compensate on an hourly basis for the time spent up to the termination. The email threads and communication history you possess can potentially support your case for cancellation, as they demonstrate the client’s non-payment and lack of communication. These records can be valuable evidence in showcasing the client’s breach of contract.
With regard to A&H or the client submitting plans without your consent, the contract explicitly states that the owner must obtain your explicit permission or a signed release letter before utilizing the drawings. Therefore, if the client or A&H submitted the plans without your consent, it could potentially infringe upon your intellectual property rights as the owner of the copyrighted drawings.
- Releasing the Project to Your Ex-Designer:
Although the contract does not explicitly outline the conditions under which you can release the project to your ex-designer without the owner’s consent, it is worth noting that the contract refers to A&H Elegant Design Inc as a separate entity responsible for structural design and jobsite observations. This suggests that A&H may have some involvement in the project, and there may be a contractual relationship or understanding between them and the owner.
- Client’s Rights and Legal Action:
As stated in the contract, the liability of BuildForm Inc is limited to the amount specified in the contract. However, if the client believes that you have breached the contract or failed to deliver the agreed-upon services, they may have grounds to pursue legal action against you. It is important to carefully review the contract provisions and consult with a lawyer who can assess the potential risks and advise you on the best course of action to protect your interests.
Response
Dear [Client’s Name],
Reference is made to the above matter and to the various correspondences pertaining to this matter.
Regarding the project status and the contractual issues we have been addressing, I appreciate your latest email. I want to reassure you that I take these issues seriously and plan to deal with them in-depth and competently. In light of that, I’d like to offer a thorough response to the issues you expressed in your email.
- Contract Cancellation: First and foremost, I want to make it clear that I never suggested or announced my desire to halt the project. Instead, I’ve continually proven that I’m committed to complete the project as planned. I have actively followed up on various elements of the project throughout our collaboration to make sure we reach the goals and specifications stated in the contract.
Regarding the expansion of the project’s scope, it’s crucial to remember that your suggestions and those of your former designer, Ehson, resulted to the project’s size being doubled. This modification in scope was approved without any indication of a higher fee up front. I looked on your knowledge as a non-professional in the field of design and construction to help me through the procedure. Any alterations made during the project were mostly for aesthetic reasons and didn’t entail significant changes that would call for more payment.
Furthermore, our attempts to communicate, including payment requests and talks about change orders, are clearly shown in the email threads and communication history that I have. Unfortunately, you haven’t responded, which has resulted in non-payment and additional problems. These documents support my argument on the project’s cancellation and provide evidence of the difficulties encountered during the project.
- Unauthorized Submission and Use of Drawings: The contract clearly stipulates that using drawings that are protected by copyright requires either BuildForm Inc.’s express consent or a written release letter. The fact that the plans were submitted to the city without asking for my permission or obtaining the required release letter severely disturbs me. This improper use of copyrighted assets clearly violates our contract and calls into question the project’s integrity.
Furthermore, it has come to my attention that Shima Shamsrad Engineer’s stamped designs were used without her knowledge or consent. This move not only calls into question the plans’ veracity and accuracy, but it also has legal repercussions. Before taking any further action, it is essential to correct this situation by acquiring the necessary authorisation and guaranteeing adherence to the agreed-upon terms.
I want to emphasize that any attempts to move forward with the project or use the current permission are invalid without the signed release letter. The contract requirements must be followed, and the copyrighted drawings’ accompanying intellectual property rights must be respected. BuildForm Inc. is not responsible for any problems brought on by unlawful usage because the release letter made clear the requirements for using the copyrighted drawings.
- Completion of the Project and Legal Considerations: My top priority is to complete the project on time and within the constraints stated in our agreement. Therefore, once the required permissions have been received from the city, I am completely committed to meeting my financial duties and paying the outstanding sum. I’ve already paid $6,000 so far, proving how committed I am to the project’s success. To avoid any more issues, it is essential to note that the release letter must be signed and the remaining payment must be made before the deadline set forth by the City.
Thank you for your attention to these matters.
Sincerely,
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