John Falat Architect v. Frey

The defendants, Marc and Patricia Frey (the “Freys”), contracted with the plaintiff, John Falat (“Falat”), for his architectural design services in the renovation of their residence. Under the terms of the parties’ written agreement, Falat was to be paid twelve (12%) percent of the projected $412,000.00 construction cost based on an earnings schedule that compensated Falat at five stages of the renovation project.2 The agreement also entitled Falat to compensation “[i]n the event of termination not the fault of [Falat]” in accordance with another earnings formula.3 The Freys terminated…