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JOB STEALING
Blaine (WA).
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Posted 3 months ago in Contracts / Agreements.
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If our company has a written contract with a contractor to install plumbing--and the previous plumbing manager in charge has been fired and now is showing up on the job premisis telling the contractor we are going under..this is oblivously an attempt to gain this job from us as he is trying to start a new business by going to all the jobs he bidded and trying to steal them..Is this legal and is he tresspassing when hes onsite..also what repructions shall we make if the contractor backs out of our contract even though we have done major work already.
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Answers (2)
Mark Rosencrantz
Posted 3 months ago.
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You have two issues: (1) what recourse do you have against the former plumbing manager; and (2) what can you do if the contractor backs out of the project.
First, the former plumbing manager does not have the right to make inaccurate statements about you, particularly if he is doing do in an attempt to get your business from his former employer. The cause of action you would have is interference with a contractual relationship. It is also likely that he is trespassing when he comes on your job site. Second, although I do not have your contract, as long as you pay your bills and do not otherwise violate your contract, your plumbing contractor does not have the right to back out of your contract. The contractor might have the right under your contract to demand assurances you can afford to pay money due under the contract, but you would have to look at the contract to see if that right exists. 
Peter A. Levitan
Posted 3 months ago.
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In addition to Mark Rosencrantz's sound answer, if the former plumbing manager's statement to the contractor that you're going under is false, you also have claims against him for defamation and tortious interference.
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