Just to clarify. A consultant was hired to do project oversight, not the actual job. The expectation was that the savings from using the consultant’s services would decrease overall project costs (greater savings than the expense of the consultant, one would assume).
The consultant gave you some sadly mistaken advice. You followed it in good faith – because this is why you hired the consultant.
But as a result of this poor advice, not only was the expected savings lost, but the whole project ended up costing more than if you hadn’t used the consultant at all.
And the amount of the greater cost is substantial. In addition to the cost of the consultant (which you understandably are reluctant to pay). Because the magnitude of the ‘loss’ is what would justify a lawsuit (or not).
It is very helpful that the consultant has acknowledged their mistake. In writing, I hope.
You are asking if you have grounds to sue them. But that is skipping a step of communications for any offers the consultant may make to make it right with you, financially or some other way that you are agreed. An offer that would satisfy you enough that it would make it unnecessary to sue.
I think that’s the first thing an attorney is going to ask – Have you asked the consultant to make up for your losses due to their mistake, or have they offered without an ask? If they have offered some sort of compensation, is it sufficient? Have they followed through? Or promised to do so in a timely manner?
The answers based on that communication will have everything to do with having the grounds to pursue a lawsuit, or not.
As EH said in the above post, regardless of the grounds, the advisability of a lawsuit may be the bigger question. I realize that you may be incensed now that you have the full picture of what went wrong, and why. But decide objectively based on your best interests, not your emotions. I know it is beyond aggravating if you do not get satisfaction, though.
My limited experience with lawsuits would indicate that resolving a problem without sueing is far, far more preferable, and frequently far more financially beneficial, than going the way of a lawsuit. A lawsuit has many costs and unknowns, and there is no assured outcome. As you doubtless already know.
Best of luck resolving this satisfactorily – without a lawsuit.
