Custom build customer insist on personal friend designer

[smutlydog]

Texas
So the framing is complete on a custom build home. This is after the engineering firm approved the design. The designer is a personal friend of the customer. It turns out the designer was off on important measurements. My project manager found an easy fix for the problem but the customer wants it as intended. That's a $15,000 vs $3,000 fix. The customer is saying we or the engineering firm should have caught it. The engineering firm is only responsible for what's structurally sound. We are not architects and no designer we have used has ever made a mistake like this. Any thoughts on where I stand on this matter? If I hire the wrong designer that won't square up I probably am responsible but I don't feel like this is a situation like that.

 

[Zigner]

It sounds to me like you ought to be standing with your phone in your hand as you speak to your insurance company and your attorney.

 

[zddoodah]

So the framing is complete on a custom build home. This is after the engineering firm approved the design. The designer is a personal friend of the customer.

Ok...let's review the cast of characters:

1. The homeowner
2. An engineering firm. Not clear from your post who hired this firm or what the firm was hired to do.
3. A designer. I'm assuming the homeowner hired the designer, but it's not clear what his role is (i.e., what's he designing)?
4. You. Not clear who you are. Are you the builder? I'll assume for the time being that you are.

I'm also going to assume that your only contractual relationship is with the homeowner. Obviously, if the assumptions are wrong, please correct them.

That's a $15,000 vs $3,000 fix.

What does this mean? You told us that the designer messed something up but that the homeowner "wants it as intended," but it's not clear what that means. "As intended" includes the designer screw up, right? Or are you saying that there are two ways to deal with the designer screw up and that the one your project manager came up with will cost $3k more but the one the homeowner wants will cost $15k more?

Any thoughts on where I stand on this matter?

No one who hasn't read your contract can speak intelligently about this. However, your post seems to make it clear that whatever screw up occurred isn't your doing, so your position likely should be to tell the homeowner that you'll do whatever he wants upon execution of a change order.

It sounds to me like you ought to be standing with your phone in your hand as you speak to your insurance company and your attorney.

I agree about the OP having a conversation with an attorney, but I don't understand the suggestion to speak with his insurance company. What sort of coverage are you thinking of and what act do you think might give rise to coverage?

 

[Zigner]

I agree about the OP having a conversation with an attorney, but I don't understand the suggestion to speak with his insurance company. What sort of coverage are you thinking of and what act do you think might give rise to coverage?

Contractor's Errors & Omissions coverage would provide coverage for faulty workmanship. The OP is being accused of faulty workmanship. Whether that accusation is correct or not, the insurance will defend.

 

[smutlydog]

Ok...let's review the cast of characters:

1. The homeowner
2. An engineering firm. Not clear from your post who hired this firm or what the firm was hired to do.
3. A designer. I'm assuming the homeowner hired the designer, but it's not clear what his role is (i.e., what's he designing)?
4. You. Not clear who you are. Are you the builder? I'll assume for the time being that you are.

I'm also going to assume that your only contractual relationship is with the homeowner. Obviously, if the assumptions are wrong, please correct them.




What does this mean? You told us that the designer messed something up but that the homeowner "wants it as intended," but it's not clear what that means. "As intended" includes the designer screw up, right? Or are you saying that there are two ways to deal with the designer screw up and that the one your project manager came up with will cost $3k more but the one the homeowner wants will cost $15k more?




No one who hasn't read your contract can speak intelligently about this. However, your post seems to make it clear that whatever screw up occurred isn't your doing, so your position likely should be to tell the homeowner that you'll do whatever he wants upon execution of a change order.




I agree about the OP having a conversation with an attorney, but I don't understand the suggestion to speak with his insurance company. What sort of coverage are you thinking of and what act do you think might give rise to coverage?

Yes I am the homebuilder
I contracted out with one of 3 local local engineering firms. Its required by law. The firm determines if the foundation and framing are structurally sound.
The designer(architect) is a friend of the customer. Yes the customer hired him. He is the architect and he creates detailed drawings of the structure, ensuring the building is up to the required codes.

The $15,000 route is to get the frame exactly how it was designed minus the arhitect's( designer's) math screw ups.

 

[zddoodah]

Contractor's Errors & Omissions coverage would provide coverage for faulty workmanship.

I agree, but...

The OP is being accused of faulty workmanship.

Not sure where you got that. The OP wrote that "the designer was off on important measurements." The OP has since confirmed that the designer was hired by the homeowner. No harm in putting an insurer on notice, but it's not clear what the OP would be telling his insurer.

Yes I am the homebuilder

OK...so what exactly is your question? You're partway through a project and it's become apparent that the designer/architect screwed up. Obviously, you're not going to proceed pursuant to the designer/architect's screwed up plans, so if proceeding according to new plans costs money, you tell the homeowner that you need a signed change order. Beyond that, you follow the requirements of your contract with the homeowner.

 

[Zigner]

I agree, but...




Not sure where you got that. The OP wrote that "the designer was off on important measurements." The OP has since confirmed that the designer was hired by the homeowner. No harm in putting an insurer on notice, but it's not clear what the OP would be telling his insurer.

That's a fair enough interpretation and I can agree with it

 

[smutlydog]

I met with the project manager, homeowner, and my broker today. The homeowner was sold on the $3,000 solution our project manager came up with. It's actually $2100 but there will be an additional charge for the engineer to return to re-inspect. Thanks everyone