My question involves a consumer law issue in the State of: Virginia
I am a licensed Virginia architect whom works as an employee for a S-corporation located in New Jersey; the S-corp markets itself as a design firm including interiors, architecture & construction management.
our firm did the floor plan (test fit), sign sealed building permit drawings (with a licensed Virginia engineering consultant) and construction management for a new saladworks restaurant in reston, virginia at the plaza america.
the franchisee signed a lease with the landlord that had "penalties" (rent commencement date?). These penalties kicked in on the franchisee before the project had started construction and was still in permitting (plan review) with Fairfax County.
The franchisee is negotiating for the landlord to give back 75% of the penalties and has asked our firm to give the other 25% ($12000) which was 2/3rds of our fee.
our firm delivered the permit drawings to the franchisee approx. 2 days later than the agreed delivery date.
during the review process our firm and our engineer responded to each round of comments from Fairfax County in an average of 3 to 4 days (longest duration was 9 days & shortest was same day).
The plan review process with Fairfax County involved the initial submission and than 2 more rounds of re-submissions that took approx. 122 days (+17 weeks) to get bldg permit in hand!!!!
needless to say the franchisees planned schedule for opening his saladworks vs. the actual was elongated.
does the franchisee have a case for recovering delay damages from our design firm?