James F. O'Brien

James O’Brien (Partner-White Plains, NY) obtained summary judgment for a civil engineer in an action in Suffolk County. The plaintiff hired an architect and a general contractor to design and construct a multimillion-dollar beachfront home. When the owner became concerned with the quality of construction, she retained our engineer-client to evaluate and opine on the work, and she later terminated the contractor, despite our engineer’s recommendation not to do so. The owner sued the architect and general contractor; the general contractor sued the owner for unpaid fees and to foreclose on a mechanic’s lien for $150,000; and the general contractor sued the engineer for slander per se, libel per se, tortious interference with contract and tortious interference with prospective economic advantage. The actions were consolidated. Prior to jury selection, the trial judge invited all parties to renew their motions for summary judgment, which they did. The trial judge granted Jim’s motion for summary judgment, holding that, as an unlicensed contractor, no damages could be recovered from the engineer.