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Henrik Fiskerstood on a stagelast August and proudly debuted two epitome designed to catapult his eponymic EV startupFiskerinto the mainstream . There was the Pear , a downcast - cost electron volt intend for the masses , and the Alaska , Fisker ’s entering into the cherry - hot pickup arm truck market .
In the weeks that followed , Fisker stopped paying the engineering firm that helped develop those vehicles , accord to a antecedently unreported case filed in Union court this week . The firm , a U.S. subsidiary of German engineering goliath Bertrandt AG , also accuses Fisker of wrongfully holding onto IP link with those vehicle . It ’s ask for around $ 13 million in redress .
The causa adds to a spate of legal problem facing Fisker , whichis on the verge of failure . At least 30 case alleging lemon constabulary violations have been file away , a handful of which Fisker has already steady down . A former director has filed a propose class action lawsuit claim unpaid wages . A textile supplier has also sued Fisker for more than $ 1 million that it alleges the EV startup never yield .
The engineering lawsuit stands out amid the effectual trouble because it suggests that financial cranny were already shape inside Fisker last August despite the bold claims its chief executive officer made on that stage .
“ The causa filed by Bertrandt is without deservingness , ” Matthew DeBord , Fisker ’s frailty United States President of communications , suppose in an e-mail to TechCrunch . “ It is a legally baseless and dissatisfactory attempt by what has been a assess partner to extract from Fisker defrayal and intellectual property to which Bertrandt has no right to under the relevant agreements or otherwise . ” He declined to comment on the other cases .
Bertrandt says in thecomplaintfiled in Michigan Eastern District Court that it move into into a “ design and maturation agreement ” with Fisker in May 2022 to do “ engineering , design , and development services ” on the Pear — a contract worth north of $ 35 million , according to a copy of the conception and development agreement attached to the suit . ( The agreement also shows that Fisker had previously hire Bertrandt to perform a feasibility subject , price psychoanalysis , time proposal and other items for the Pear EV . )
At some compass point after entering into the accord , Bertrandt says Fisker asked it to do similar work in connection with the Alaska tone arm motortruck . Bertrandt says in the ill that a formal written agreement was never execute with Fisker for the Alaska , but that it provided a quote of $ 1.66 million that Fisker tally to make up .
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Fisker stop pay off Bertrandt at the remainder of August 2023 , concord to the complaint . The society continue to fail to bear bill through January 31 , 2024 , bring the entire unpaid to $ 7,061,443 . The engineering firm also claim that Fisker ’s decision to put the development work on the Pear and Alaska EVs on “ pause ” is an additional breach of the declaration as it caused Bertrandt to suffer postponement toll .
Bertrandt says it had a meeting with Fisker on February 6 , 2024 where the EV startup “ notice its liability for defrayal of these invoice and agreed to promptly pay $ 3,685,000 as a partial requital ” — but then never made that payment .
Breaching the contract , according to Bertrandt , has cost the engineering firm an additional $ 5,858,000 in “ lost profit , delay toll , and attendant damages , ” which is why it ’s seeking $ 12,919,443 in total damages .
What ’s more , the business firm says it demanded on April 22 that Fisker “ return all of Bertrandt ’s intellectual place ” and “ attest in committal to writing that Fisker had not keep back any hard copy or electronic copies , ” and exact the EV inauguration has “ failed to do either . ”
“ Fisker has been unjustly enriched at the expense of Bertrandt , ” lawyer for the house spell in the charge .
Bertrandt is n’t the only provider to action Fisker so far .
Georgia - free-base Corinthian TextilessuedFisker in Los Angeles Superior Court in other April . The provider claims it entered into an agreement with the EV inauguration in early 2023 to allow it with “ customized products for use in Fisker ’s car . ” It does n’t specify what products it made for Fisker , but the company ’s websitesaysits automotive section specializes in floor , automobile trunk and cargo mat , as well as “ automotive carpet . ”
Corinthian sound out Fisker “ reject , and continue[s ] to refuse ” to devote account and other fees in the amount of $ 1,077,571.75 .
Working overtime
Days before Bertrandt sued in Union courtroom , Robert Lee , an employee who work for Fisker from October 2023 to March 5 , 2024 , filed aproposed class actioncomplaint in Los Angeles Superior Court say a traffic pattern of overworking employees and not decently compensating them . The suit also take Fisker failed to reimburse expenses and pay up out salary owe when employee separated from the company .
Lee claim that he and other hourly employee worked “ well over ” eight hour a solar day and 40 hours per week , and instead often work over 12 hours per day . He claims they were “ ofttimes compel ” to work weekends . Fisker did not compensate employees for that extra fourth dimension , allot to the charge . Lee also claims Fisker failed to properly track hour worked , and even deducted commissions from their hourly pay .
He lay claim employees were “ on a regular basis compelled to go off the clock and [ Fisker Inc ] created a insurance policy to account for less hours than the total amount of time of day actually worked ” to “ forgather certain goals , to yield more sales . ”
Lee also take Fisker “ in effect force and pressure its non - exempt employees to cultivate of[f]-the - clock , have their wages derive , have their wages miscalculated , to shorten ( tantamount to a missed meal period ) or forego meal and rest time period ( or not be paid for their rest respite ) . ”
Lemons
Fisker started getting peppered with lawsuits in California say that it was go against the nation ’s maize law as betimes as last November , whichTechCrunch previously reported . The company has start to settle some of those earlier lawsuits in what roughly amounts to buying back the vehicles , agree to court of law filings and a person intimate with the settlements .
More lemon law cause have continued to pour in across the United States Department of State , where Fisker has deliver the bulk of its cars in the United States .
Customers may have taken action in other state where Fisker has delivered cars , like New York , Florida and Massachusetts . Those states require that gamboge law disputes go through arbitration , micturate it difficult to know just how many actions may be pending against the caller .
In its late one-year filing for 2023 , Fisker noted that it is still defending against a proposed class action cause from shareholders alleging assault of securities law . Fisker then goes on to vaguely say that “ [ v]arious other effectual actions , claims , and proceedings are pending against the fellowship , including , but not set to , matter arising out of alleged product mar ; utilisation - related matter ; intersection warranties ; and consumer protection laws . ”
It also implied that it has been contacted by unnamed government office for information about its business sector , include subpoena ad testificandum , in a new pipeline of text that it had never included in any of its anterior SEC filings .
“ The Company also from clock time to time receive subpoena and other inquiries or asking for information from agency or other representatives of U.S. Union , province , and foreign governments , ” the company pen . DeBord , the communications VP , recount TechCrunch that Fisker “ currently [ has ] no pending subpoenas from governments . ”
chastisement : The clause incorrectly identify Robert Lee as Fisker ’s former director of technological service . The Lee who filed the causa is an employee who function for Fisker from October 2023 to March 5 , 2024 . The article has been corrected .
