Fisker Faces Lawsuit Seeking Over $13 Million in Damages as Legal Troubles Mount
ICARO Media Group
Title: Fisker Faces Lawsuit Seeking Over $13 Million in Damages as Legal Troubles Mount
In a recently reported lawsuit filed against EV startup Fisker in federal court, it has been revealed that the company failed to pay an engineering firm for its assistance in developing two prototypes. The lawsuit, filed by a subsidiary of German engineering giant Bertrandt AG, also alleges that Fisker wrongfully withheld intellectual property (IP) associated with the vehicles. Bertrandt is seeking approximately $13 million in damages.
This engineering lawsuit adds to a growing list of legal woes for Fisker, which is currently teetering on the brink of bankruptcy. More than 30 lawsuits have been filed against the company, with several already settled, accusing Fisker of violating lemon law provisions. Additionally, a former director has initiated a proposed class action lawsuit, claiming unpaid wages. Another lawsuit, this time by a textile supplier, alleges that Fisker owes them over $1 million.
The Bertrandt lawsuit is particularly significant as it suggests that financial issues were already surfacing within Fisker in August of last year, despite the CEO's bold claims at the time. Matthew DeBord, Fisker's vice president of communications, dismissed the lawsuit's merit and labeled it a baseless attempt by a valued partner to extract payments and IP that Bertrandt is not entitled to under their agreements.
The complaint filed by Bertrandt indicates that a "design and development agreement" was established with Fisker in May 2022, with a contract worth over $35 million. The agreement also revealed that Fisker had previously engaged Bertrandt for a feasibility study and other services related to the Pear EV. Although no written agreement was executed for the Alaska pickup truck, Bertrandt claims Fisker agreed to a payment of $1.66 million for similar work.
According to the lawsuit, Fisker stopped paying Bertrandt in August 2023 and continued to neglect the outstanding invoices until January 31, 2024, resulting in a total unpaid amount of $7,061,443. Bertrandt also asserts that Fisker's decision to halt the development work on the Pear and Alaska EVs caused additional breaches of the contract, leading to delay costs for the engineering firm.
Bertrandt states that Fisker acknowledged its liability for payment during a meeting on February 6, 2024, and agreed to make a partial payment of $3,685,000. However, Fisker failed to fulfill this promise. As a result, Bertrandt claims it suffered "lost profits, delay costs, and incidental damages" amounting to $5,858,000, bringing the total sought in damages to $12,919,443.
Furthermore, Bertrandt demanded in April that Fisker return all of its intellectual property, but according to the lawsuit, Fisker has failed to comply with this request. Lawyers for Bertrandt argue that Fisker has unjustly benefitted from withholding their IP.
Interestingly, Bertrandt is not the only supplier pursuing legal action against Fisker. Corinthian Textiles, based in Georgia, has also sued the company for refusing to pay invoices and fees totaling $1,077,571.75. Meanwhile, a former employee, Robert Lee, has filed a proposed class action lawsuit, alleging that Fisker overworked employees, failed to properly compensate them, and violated labor laws.
As previously reported, numerous lemon law lawsuits have also been filed against Fisker in California, where the majority of the company's cars have been delivered. The exact number of pending actions across other states remains unclear due to arbitration requirements.
With mounting legal challenges, Fisker's financial stability is severely threatened. In its 2023 annual filing, the company disclosed an ongoing class action lawsuit by shareholders alleging securities law violations. The filing also hinted at inquiries from unidentified government agencies, marking a new development in Fisker's legal troubles.
Fisker's communications VP maintained that the lawsuit filed by Bertrandt has no merit and that the company currently faces no pending subpoenas from governments. However, the increasing number of legal battles against Fisker poses significant challenges to the company's future operations and reputation.