Facts

Plaintiff Gibran Farrah purchased a residential building in 2005, intending to renovate it in order to sell the units as condominiums, and hired Michael Bowen of Bowen Construction Co. as general contractor and supervisor. Bowen then hired defendant Robert Smiley of Robert Smiley Associates to perform architectural work for the project. Smiley was to prepare a property assessment report, to detail the necessary repairs and renovations. In January 2007, Smiley was fired for failure to produce drawings for a structural upgrade. Farrah filed suit against Smiley, and his company, alleging professional negligence. Farrah also alleged malpractice as an architect, fraud, and failure to perform architectural services in violation of California contract law.

PLAINTIFF'S CONTENTIONS:
Farrah contended that Smiley failed to produce engineering drawings for a seismic structural upgrade, leading to delay. He also contended that Smiley was dilatory and unqualified to perform engineering calculations and had misrepresented himself as an engineer. Farrah claimed that Smiley did not enter into written contract for performance, in violation of California law.

DEFENDANT'S CONTENTIONS:
Smiley contended that the specific structural upgrade was not required, and he was not required to produce drawings of it. He further contended that the delays were unrelated to his actions, and instead were attributable to Farrah's financial problems, and his decisions to rebuild the rear of the building. Smiley alleged that he was not advised of the six-month time frame for actual construction, which he stated was unrealistic. Smiley claimed he did not represent himself as an engineer, but as an architect who could perform engineering work, which was lawful and not fraudulent. He further claimed that Bowen refused to sign an agreement form, and therefore, no written contract existed. Smile filed a cross complaint for indemnity against Bowen, claiming he was not a licensed general contractor, and wrongfully represented himself.

Damages

Farrah sought economic damages for construction work and necessary drawings of engineering plans, as well as interest, taxes and insurance costs resulting from delays. Farrah claimed total losses over $800,000.

Result

The court rendered a verdict for the defense.