There is a foul odor – Turning over Plans
N and J were building a home in Year 1. Engineer E was contracted to design septic plans, perk test, etc. as well as issue “as-built” septic plans. During construction, N and Engineer E began an intimate relationship, which is ongoing. N moved out of the house in Year 4. A CO [certificate of occupancy-cw] had never been issued, however, because the town did not receive proper plans from Engineer E.
Several years later, new party, F (who is not married to J), bought out N and became co-owner of the home with J. F then attempts to tie up the loose ends to obtain a CO. In August of Year 6, F contacts Engineer E to obtain a copy of the "as-built" septic plans that he supposedly gave to N the previous November. F is surprised to find out that E has none of the measurements or triangulations for the “as built” septic system. F finds the original plans dated in Year 5 and sees a stamp, seal, and signature on these from Engineer E. Although these plans are marked "as built” and are the same plans that were issued for review back when the project began, the town will not accept them. J then makes the missing measurements, and F gives those measurements to E. In an effort to avoid bringing up the emotional history of the relationship between N and J and N’s present relationship with E, F asks that this matter be kept confidential strictly between her and engineer E. (Engineer E never states that he is reluctant to turn over the plans.) The following January, F is told by engineer E, that J owes N $1800. When asked what this has to do with the transaction between E’s firm and F, E replies that he has a problem turning over the plans unless N is paid the $1800. (Engineer E had been paid by check for his services in Year 1.) When F asks how much these plans would have cost if any stranger had asked for them, F is told $600.
How do you evaluate engineer E’s actions?
What would you advise F to do and why?