I am a calif. civil/surveyor. I have a project where: Original developer defaulted, bank foreclosed, bank failed, new bank sold to new owner. I have outstanding invoices for improvement plans and construction survey. I informed new bank about invoices before property was listed for sale. I told realtor about invoices before sale. I told new owner about invoices before escrow closed. New owner now says that he doesn’t owe me anything. What are my rights re: new engineer needing a release from me as engineer of record and as field engineeer. I am still waiting for a response from the city re: their policy. Are there any calif. cases that address this situation?
We prefer that real life legal or medical questions be put in IMHO rather than General Questions. Moved.
samclem, Moderator
Normally when a debtor goes completely bankrupt their debts do not survive that implosion if there are no remaining assets to attach. Telling the Realtor and bank and owner about the debts prior to transfer means nothing in this case.
If you had a mechanics lien against the physical real estate you may have had some purchase, but laws for mechanics lien vary state by state so you would need to check CA law on that. If you had no lien filed you would seem to be SOL.
http://www.nationallienlaw.com/SampleForms/California%20Lien%20Law%20Summary.pdf
Re the release why would a new engineer need any kind of release from you if they are not using your existing plans? Just curious.