If you have an agreement with the client and this third-party engineer is interfering with that contract, then depending on additional facts you could bring an civil action against the engineer called intentional interference with contractual relations.

If this third-party engineer is your subcontractor or employed by you, you could also bring a breach of fiduciary duty as he is technically an agent to your company.

You should contact an attorney to assist you.

Possibly tortious interference with a contract, possibly breach of fiduciary duty, and bad faith breach of contract. Have myself or another attorney write a letter to the engineer letting him know he will be sued for everything he earns and more if he takes the job away from you.

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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I agree with the other attorneys, but would add that construction companies must have written agreements with their clients. That doesn't get the engineer off the hook, but it will be an issue. I have been practicing construction law for over twenty years in the Bay Area, including serving as Construction Counsel in the SFO General Counsel's Office. If you would like futher help with this issue, or any construction related matters, please feel free to contact me.