Another sub is claiming my work as his own any recourse?

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Another sub is claiming my work as his own any recourse?

Another subcontractor is using one of MY jobs as a reference of HIS work when talking to new clients. Do I have any recourse to stop him?

Asked on June 12, 2009 under Business Law, Georgia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you can prove that in court, there very well might be something you can do.  The law in this area does differ from one state to another, and you would need to give a lawyer the complete factual background, for advice you could rely on about what to do here.  One place to look for qualified attorneys is our website, http://attorneypages.com

In some states and on particular facts, this would be considered consumer fraud, and could also put your competitor at risk for civil penalties.  If you are both in a licensed trade like plumbing or electrical work, the state board (or whatever) might very well have something to say about this as well.  Your lawyer can help you track down whatever remedies are available.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A person cannot take credit for another persons work. If he worked on the project but you were simply the head contractor he can use it to show what kind of a job he did but limited to the capacity of his involvement. If he didn't even work on it but says he did this is  a violation.

You should talk to him and explain the situation and your concerns. Ask him to stop claiming your work as his. If he refuses and keep doing it you may want to contact a local attorney and see about your options. There are many options available and simply a phone call may rile him up knowing you have consulted legal advice


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