Okay,
I received a call from a multinational engineering firm asking if I could provide CAD files for a superfund project I worked on in 2011. They have a PDF of the final as-built but would like to get the CAD files. While not a team member at the time, they gobbled up the design firm that provided the project engineering. Normally, I would not have a problem sending over the data, with some caveats.
My problem is that while the mapping was prepared at the request of the project engineer, I was under contract to a large environmental construction contractor. Before you ask, this mapping was part of that contract. Anyway, the contractor stiffed me for $15k in total for the mapping and other work on site. I spent a fair amount of time going after the money but in the end, was unsuccessful with collections. By the time they were served papers from the collections attorney they had declared bankruptcy. Amazingly the parent company was still going strong, just the subsidiary I was under contract with had that problem.
While I don't want to piss off a potential client, it would be nice to get some of my money back. Obviously someone is spending money on the project again and it only feels right that I should get some payment for my work.
Any comments or suggestions on how to handle this would be appreciated.
Offer to provide the CAD files for a fee. $15k ought to do it.
Tell them you didn't get paid so no work product is available. Upon payment the work product will be made available. Anyone who gets pissed about this, is a client you don't want anyway.
@lurker You just beat me to it. Absolutely tell them you were never paid $xx,xxx and while you would like to cooperate...there is the matter of the $xx,xxx.
ps If you irk a potential client over money you will be ahead of the game.
The one time this happened to me it was a $5k job. I sued in Small Claims Court and won, but the client was judgment proof. (The judge erred in barring judgment against the LLC, but that's another matter.) A few years later I was asked for the CAD file by an architect, and I offered to provide it for $1,500. He didn't go for it, so I never got a nickel for that job.
Had this happen on a small local survey. The client never paid so I never sent the drawing to the attorney. He called and threatened me with a statement like, "You don't want to get the reputation of holding up projects do you?" . I held my ground, agreed to made contact with the client again and was paid that day. That afternoon I delivered the drawings needed. The lawyer never contacted me for work in the future again, even after 15 years of working on projects together. I did feel redeemed when I saw a post in the local paper for a lawsuit, The same client stiffed the attorney out of $6K. I laughed, I was the only one that got paid !
Just the other day I got a call from a home builder. He said the site contractor asked about getting my CAD file for a project that was currently underway. I told him "we don't generally give out CAD files" and he quickly shifted to asking me to stake out the house and drainage. So quickly, he clearly was expecting that answer. I told him I'd send him a contract for the work.
Then I looked up the project, and it turned out we already had construction staking under contract with the landowner (our original client). Got our client's approval to proceed with staking, crew will be on site tomorrow. Everyone's happy, all without a free CAD file.
@lurker You just beat me to it. Absolutely tell them you were never paid $xx,xxx and while you would like to cooperate...there is the matter of the $xx,xxx.
ps If you irk a potential client over money you will be ahead of the game.
Don't forget that simple inflation on $15000 from 2011 is now about $22,000. And $15,000 compounded at 6% for 14 years would be $33,900. Add in whatever expenses you had trying to collect. I'm aware that getting made whole is probably out of the question. Nevertheless, make it plain that if they hire you they will get all the benefits of your experience on the project. If they hire someone else, they will not. In other words, your cooperation is contingent on getting a new contract and a hefty retainer.
I just collected 14k on a project I was stiffed on. Somewhat similar to yours, I had no problem releasing the survey for the fee.
had one client 25 years ago who stiffed me of $4k on a contracted survey. I tracked him down over the years sending registered letters. He said he would pay me but never did. Fast forward and someone came to me to flag the corners for the property they were purchasing. I flagged the corners and proceeded to file a lien at the courthouse for principal and 16% interest and notified the title company. THe owner came in and paid the $4k. The title company told me to remove my lien. I held ground and was paid the principal and maybe ~$20k in interest. Sometimes it pays to be patient and lucky
@hpalmer Probably 50 years ago in Florida I did a simple lot survey and sent the drawing to the title company for the closing. Closing morning the client called and made it clear he was not paying for the survey. Apparently he thought he could skip and I was helpless. Thirty minutes later I was at the courthouse filing a lien and quickly told the title officer (I was friends with all of the title people). They informed said client they were withholding the survey fee and the cost of the lien, so I was made whole. And there was nothing he could do about it. First time I had come across a genuine shyster.