Sokoloff purchased land in the Village of Sands Point, New York. In anticipation of building a home, he hired Harriman to provide preconstruction services, including the creation of architectural and landscaping plans. Sokoloff paid Harriman a $10,000 retainer fee and a total of $55,000 for creating and filing the architectural plans with the village. However, when it came time to build the home, Harriman estimated the cost to be over $1.8 million. Sokoloff, finding this amount to be exorbitant, decided to get quotes from other builders, based on the plans Harriman designed. However, Harriman said that the plans could not be used to construct the home unless he was the builder.

CASE QUESTIONS 1. Can Harriman withhold the plans from Sokoloff?

2. What legal theories or maxims would a court consider in deciding this case?

3. How should the court rule and why?