Who owns the plan?

Your client owns it. It is considered "work for hire" (google it).

Whether or not you have been paid is a civil matter. If someone owes you money for your work and won't pay; sue them.

This is the way the courts in Oklahoma have looked at it, time and time again. I understand for this to be considered such in some States, a written agreement has to be produced.

Probably one of the best reasons to develop a signed agreement procedure spelling out a schedule for not only the deliverables, but also for periodic payments for them.

edit:

This happened to me in 2002. I had turned in a final signed plat for consideration, approval and recordation. He would not pay me.

The Plat was the best part of a quarter-section, approx. 150 acres. I believe there were 80 lots or so. I tried like hell to get the City Council, the County and Godalmightyhisself to stop the procedure. My attorney was unsuccessful, also.

In desperation I filed a lien on the property. My hope was that the Abstractor would check one last time before signing their cert that the property was "free and clear" of encumbrances.

What happened (by accident) was my lien was filed after the Abstractor had checked, but before the approval process. A small one or two day window.

By chance I had a senior lien on about 80 residential lots. I got lucky. Most had already been sold to builders (shame on them, the plat hadn't officially been recorded). I had title underwriters ringing my phone off the wall to provide them with a release of lien. Some even threatened to sue me.

It was a matter of only a few days before the developer dropped a check off at my attorney's office. I waited until the check cleared before filing a release.

The County doesn't record things immediately. It takes a few days. Every time an out of state title company called me wanting a copy of the release (because the County hadn't officially posted it) I told them to jump in the lake and go get it themselves. It was a fun few days.

I generally agree with Mr. Cash however I don't know about the ownership and that may depend on the state you are in. I'm not talking state of mind of course. 🙂

But, yes, if someone owes you money regardless, you will have to take it to claims court I believe. The court will not care what about so leave that story home.
In "my court" your word is your bond.

Why Did You Submit It?

That handshake agreement includes shaking hands at the end, after you exchange the final plans ready for signature for a check.

Years ago I had a subdivision client fall way behind on payments, I had a written contract, staged lump sum. I wrote a letter to the board requesting tht the plans in their possession were not paid for and asked that they be returned. They replied in writing that since the plans were presented for a public meeting they were now public documents and could not be returned. That did not bother me as I was just looking for written acknowledgement that the board was aware. They checked and saw that the developer had not reimbursed the Township for Perc tests, so the balance of Perc testing was stopped, therefore the application stopped. The developer claimed I was not working fast enough since he read the SALDO and per the rules 6 months was enough.

In 8 months I had surveyed, topo-ed, located wetlands, soil tests and Percs, submitted sketch plats, revised sketch plat, submitted Prelimary Plans with requests for maximum road grade waivers, staked out alternate road grades (imagine full length 2x4s for grade stakes with alternate grade ribbons above your head) had a field meeting with Planning Board and Engineer and gotten the design waivers. All that was needed was Percs on some more proposed lots, that I could not locate because they were not yet done.

The site was 27+ gerrymandered acres on 4 parcels, frontage on 3 different roads, 15 lots all on a new loop road from a State Highway to a township road. It included a looped water main with hydrants, including one at the end of the existing township road, which only had a 4" water line. I was very pleased with the progress, and knew that it was typically a 2 year process.

However the developer was being wooed by a big engineering firm who promised him they could do it faster. I agreed to provide all informtion to date, including copying my field book and submitted an invoice of work to date, including copying. On the agreed upon date I placed copies of everything paper and electronic on his tacounter and waited. He said thank you and reached for it, I picked it back up and asked for the check. He said he would not have it for a few days, so I walked out with my stuff. He followed me out in the rain, complaining and threatening to call his lawyer. I said "Fine call your lawyer and he will tell you you do not have the right to even ask for this information until I have been paid." When I finally got the check he got the data. It was months before the big engineering firm even called me with a question. I had a sit down with them in their office and they had yet to comprehend all the info before them.

They proceeded to run him financially into the ground, multiples of my total contract cost and had no final approval in sight, still undeveloped.

You are in business to get paid for your work, take care of your business first.

Paul in PA

I never have this problem. Signed contract and retainer upfront and remainder on delivery. Once submitted, your only recourse is likely a mechanics lien on the property. Don't walk, run to get it filed, before the land is sold. All my contracts stipulate that I own my plats, and work product. The client is granted a license for use.

We have two places to sign on our plans. One for the plan itself, the other to certify that the plan has been prepared in accordance with the Rules of the Registry of Deeds.

There is no need to sign the second certification until the final payment has been received. There is no way to record the plan until the certification is signed.

Retainer

60% up front and the balance upon completion. I haven't had this problem very many times.

Smart!!!

Unfortunately for you, a firm handshake is not legally enforceable. Unless you can somehow get possession of that plan before it gets filed, you and the remainder of your fee are at the mercy of your client.

Maybe your client was crossing the fingers of his left hand behind his back as he gave you that firm handshake with his right. I think that's called a country escape clause.