Legal Question in Business Law in Ohio

non payment

we are a consulting engineering co. we have been working on a large engineering job with multible changes and revisions. our quote stated that we would not implement any changes before a signed change order was recieved. we have been at fault by doing the changes with out the signed change order. they have continually stated we would be compensated for all our efforts. to date we are out $400,000.00 dollars in changes. we ant to stop the job before completion. our only contract is our qoute stating our price to do the original job.


Asked on 3/24/08, 6:36 am

1 Answer from Attorneys
Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

Re: non payment

Good news! You are not completely limited by the contract. Course of dealing, promissory estoppel, quantum meruit, waiver, etc are theories that will allow you to recover, notwithstanding what the contract says about change orders. This is especially true if the work involved occurred over a long period of time and the owner was fully aware and apparently agreeable to waiving the change order requirement. My firm handles both sides of these types of disputes regularly at competitive rates. We recently obtained a favorable settlement in a very big case involving work orders. I am interested in hearing more. Please feel free to contact me at your earliest convenience for a free consult.

Vaseem

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Answered on 3/24/08, 8:57 am


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