How can I hold architect accountable?

[eceva]

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

Hi - We are opening a preschool. The architect submitted plans for bid and to the city's planning and zoning office without using fire rated drywall. The city has come back and said we need the fire rated drywall adding a new $30,000 expense. Was it the architect's responsibility to understand the code before hand? Is there anything I can do such as negotiate the architectural fees to soften the blow?

 

[justalayman]

Yes, it is the architects responsibility to know and comply with the codes but I suggest you take really good look at your contract really well first before you do anything else. If something is spec'd to the architect, he designs what was asked for.

 

[eceva]

Yes, it is the architects responsibility to know and comply with the codes but I suggest you take really good look at your contract really well first before you do anything else. If something is spec'd to the architect, he designs what was asked for.

We didn't ask for anything other than the number of classrooms and square footage in classroom. His clause states: the architect's liability for errors, omissions, or defects shall be limited to a maximum of $30,000. Not sure if I have a case being that if he would have submitted appropriate drawings, the $30,000 would have still been incurred. Right now I'm simply dealing with the inconvenience of finding out about the new cost after providing final numbers for the bank loan (ie- I could have gotten the money from the bank if I would have known in advance, now I have to go ask family for loan).

 

[Zigner]

We didn't ask for anything other than the number of classrooms and square footage in classroom. His clause states: the architect's liability for errors, omissions, or defects shall be limited to a maximum of $30,000. Not sure if I have a case being that if he would have submitted appropriate drawings, the $30,000 would have still been incurred. Right now I'm simply dealing with the inconvenience of finding out about the new cost after providing final numbers for the bank loan (ie- I could have gotten the money from the bank if I would have known in advance, now I have to go ask family for loan).

His error has not caused you any additional costs. In my opinion the architect should make the plan corrections at no additional charge.

 

[justalayman]

anyway:

Zigner's point is likely what the architect is going to argue. His error did not cause you to incur $30k additional in costs. It should have been there from the beginning. A chargeable error would have been allowing it to be built with the unrated drywall and then having to correct it.


plan correction absolutely should be in the architect.

If the architect missed something that critical, I would be checking your plans very closely to catch any other huge mistakes.



but $30k? that is a HUGE amount of drywall. Are you figuring the total cost of the drywall or only the difference in cost?

 

[eceva]

Would time loss be considered a damage? For example, the architect has now mentioned that we can not use the original glass along the classroom wall (so that parents can peak into the classroom from the hallway) because the glass has to be fire rated. The original glass takes 2 weeks to ship and the new fire rated glass can take 10 - 12 weeks to obtain. Had we known in advance, we could have ordered weeks ago thus, my construction timeline is extended, construction supervision costs increase, and I'll be paying rent since my 2 months of free rent will be up. Can this lost in time be considered a legal damage?

 

[ecmst12]

You know, you could have researched the applicable codes yourself before submitting the plans, you chose not to. You have no damages - the architect did not make the codes what they are, they have to follow the law same as everyone else. The fire rated drywall and glass is required regardless. And really, even if it wasn't, this is a preschool, why wouldn't you be using it ANYWAY? What other corners did you try to cut?

 

[eceva]

You know, you could have researched the applicable codes yourself before submitting the plans, you chose not to. You have no damages - the architect did not make the codes what they are, they have to follow the law same as everyone else. The fire rated drywall and glass is required regardless. And really, even if it wasn't, this is a preschool, why wouldn't you be using it ANYWAY? What other corners did you try to cut?

I shouldn't have to research the code - that's what I PAID the architect to do. As such, not looking to cut corners just assumed that the architect would list the correct materials in the bidding package. Now, do you have any suggestions on the time delay issue?

 

[swalsh411]

So what's the difference in opening time between using the plans with the corrected building materials vs. having the correct building materials incorporated in the plans the first place? The starting point where you use incorrect materials and are not up to code doesn't matter.

 

[justalayman]

if the project hasnt actually started, that additional 10 weeks lead time will make very little, if any delay. Glass is one of the last items installed. If the x rated drywall is going to add $30k, you are talking several thousand sheets of drywall. that isnt a small building and you aren't going to be hurt by the additional 8-10 weeks


beyond that, if time was so critical, you should have a hard deadline with a penalty clause for not meeting it.