Architect Drawings: no contract, how legally bound?

[mcv]

What is the name of your state (only U.S. law)? NY

My question involves a consumer law issue in the State of: New York

I had an architect draw up plans for a driveway. I signed nothing and put nothing in writing beforehand. He told me it should cost "around $2000, maybe less". Next thing I know (before I knew he was proceeding with the full plan) his office brings me in to show me "preliminary plans" that were in fact pretty much complete plans. I asked how much it was costing me and he said it should be about what the original guy told me. Next thing I know, I get a bill for over $4000. I went in and spoke with them and they are pretty much telling me that they just billed me for the time spent, etc., etc. Based on the hours detailed for the jobs, they had already gone over $3000 before they even showed me the preliminary plans. So, I consider this terrible communication and business practice on their part and I don't intend to pay more than what they originally quoted me. They should have told me if it was going to go over, especially WAY over.

Now, I don't want to be a complete jerk and just stiff them completely, I will pay $2000. My only concern is this: up until now, I have given them nothing in writing. I am afraid that if I write them a check, they can then have proof that I wanted a service rendered, yet I did not pay them in full.

So, first - since I never signed anything, could they legally take any action against me for lack of payment or non-payment? Secondly, if I were to make what I consider to be fair payment, would they then have more leverage against me to take action for full payment?

Thank You!

 

[las365]

What is the name of your state (only U.S. law)? NY

My question involves a consumer law issue in the State of: New York

I had an architect draw up plans for a driveway. I signed nothing and put nothing in writing beforehand. He told me it should cost "around $2000, maybe less". Next thing I know (before I knew he was proceeding with the full plan) his office brings me in to show me "preliminary plans" that were in fact pretty much complete plans. I asked how much it was costing me and he said it should be about what the original guy told me. Next thing I know, I get a bill for over $4000. I went in and spoke with them and they are pretty much telling me that they just billed me for the time spent, etc., etc. Based on the hours detailed for the jobs, they had already gone over $3000 before they even showed me the preliminary plans. So, I consider this terrible communication and business practice on their part and I don't intend to pay more than what they originally quoted me. They should have told me if it was going to go over, especially WAY over.

Now, I don't want to be a complete jerk and just stiff them completely, I will pay $2000. My only concern is this: up until now, I have given them nothing in writing. I am afraid that if I write them a check, they can then have proof that I wanted a service rendered, yet I did not pay them in full.

So, first - since I never signed anything, could they legally take any action against me for lack of payment or non-payment? Secondly, if I were to make what I consider to be fair payment, would they then have more leverage against me to take action for full payment?

Thank You!

ALL of your communications about this project were oral? No emails?

You could pay with a check that has "FULL AND FINAL PAYMENT FOR ALL SERVICES RENDERED" on the memo line. If they cash it, you would have a decent argument that they accepted the money as, well, full and final payment for all services rendered. Then again, they could notify you that they were accepting it as partial payment only and not waiving their right to pursue collection of the remaining amount they claim is owed and they would have a decent argument that they did just that.

Are you going to use the plans? Did they do a good job that met your specifications? Usually a dispute like the one you describe can be negotiated to the mutual (dis)satisfaction of both parties. Have you tried negotiating?

Certainly they could legally take action against you for non-payment, even though you didn't sign anything, but if there is no written confirmation or other evidence of the "meeting of the minds" required to create an enforceable contract, they may have trouble prevailing.

 

[mcv]

Thanks for the response!

Well, there were some emails back and forth, but nothing asking them to proceed with any type of work. Instead, mostly correspondance like (from them): "Have you reviewed the plans I sent last week?" (from me) "I did take a look and will get in touch soon, I am out of town".

There is one clear email correspondance where I clearly ask what they THINK about an idea, and they proceeded with a sketch that they charged me for. I did not ask for a sketch nor did I know they would be charging me for it. Also, one contractor I had been dealing with called them to ask about what type of materials they were spec'ing for the plans and they charged me for that call. I had not asked him to call them.

As for if I will use the plans: most likely not. The way it was designed cuts into the sewer line, the gas line, and the water line. I had asked them to try and avoid at least two of these. In fact in the "preliminary" (basically full) plans they had not even considered these locations and when I mentioned that they then located them, added them to the plans, and added that time onto my bill. The total cost of the project has ballooned with these utility costs, plan costs, and estimated project costs, and is probably no longer feasible. At the same time, they are not even sure that the plans will be approved by the town.

I attempted to state my case to them, and they seemed possibly willing to negotiate, but I left with a very unclear picture as to what they would negotiate to. Since then, they sent me a second bill with a 15% "courtesy discount" which I still feel is an insult.

ALL of your communications about this project were oral? No emails?

You could pay with a check that has "FULL AND FINAL PAYMENT FOR ALL SERVICES RENDERED" on the memo line. If they cash it, you would have a decent argument that they accepted the money as, well, full and final payment for all services rendered. Then again, they could notify you that they were accepting it as partial payment only and not waiving their right to pursue collection of the remaining amount they claim is owed and they would have a decent argument that they did just that.

Are you going to use the plans? Did they do a good job that met your specifications? Usually a dispute like the one you describe can be negotiated to the mutual (dis)satisfaction of both parties. Have you tried negotiating?

Certainly they could legally take action against you for non-payment, even though you didn't sign anything, but if there is no written confirmation or other evidence of the "meeting of the minds" required to create an enforceable contract, they may have trouble prevailing.

 

[You Are Guilty]

First, see if this architect is actually licensed:
http://www.op.nysed.gov/opsearches.htm

You can also check the AIA Code of Conduct for some ammo: http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiap074122.pdf It does not have anything specifically on point, but there are some general (vague) rules about being honest and not defrauding your client (e.g. 2.104).

There is one clear email correspondance where I clearly ask what they THINK about an idea, and they proceeded with a sketch that they charged me for. I did not ask for a sketch nor did I know they would be charging me for it.

This is your biggest issue, especially if it boils down to a he said-she said debate (what happens when the architect says "we never said it would be $2k. We said $4k from the start"?) Anything like the above that you can use to bolster your version of events will be helpful (although not dispositive). Which is why...

I attempted to state my case to them, and they seemed possibly willing to negotiate, but I left with a very unclear picture as to what they would negotiate to. Since then, they sent me a second bill with a 15% "courtesy discount" which I still feel is an insult.

...negotiating a mutually agreeable solution is probably in both sides' best interest. I would do everything in my power to work something out before resorting to partial payments and a dare to sue you for the rest. That rarely works better than a pre-suit deal. (Incidentally, you will also want to research "quantum meruit" before deciding on how much you are willing to offer/pay).

You could pay with a check that has "FULL AND FINAL PAYMENT FOR ALL SERVICES RENDERED" on the memo line. If they cash it, you would have a decent argument that they accepted the money as, well, full and final payment for all services rendered.

Restrictive endorsements are not valid in NY (and several other states, despite what the UCC wants you to think). So while it will have no legal significance, a layperson may not know that and it could, I suppose, become some sort of negotiation leverage to prevent a future lawsuit for the remainder.


Good luck.