Architect disclaimers

[TIGHTCHOKE]

Hi, i have a few glazing firms but appreciate the offer, I get your point and there is a big but, he has designed the roof to have an unusually high ceiling for some reason, I can only assume convenience. I'm not an architect but can see easily how the roof design could.be different and clear the window sill with ease. I think he has measured the window incorrectly and taken the easy design option based on his incorrect measurement, the builder, bricklayer and roofer all commented on how unusually high the ceilings will be due to his design. Clearly as with all builds there is a budget and swallowing an extra £500 due to an error by a paid professional seems very wrong

 

The chap you commisioned isn't either!

[Adge Cutler]

Looking for q bit of advice, our architect has dropped a teste and measured a window wrongly on his plans, to cut a long story short I'm now going to have to have a window removed and replaced with a smaller unit and whatever extra work that entails (it's only a year old).

Some smallprint on the plans says "all dimensions on millimetres and to be confirmed on site", is this a get out clause so he isn't financially liable for the mistake? it's an existing window that is going to foul the new flat roof and he has measured it as being 20cm smaller than it actually is

The statement highlighted is normal and essentially means you shouldn't scale from the drawing or rely on the dimensions on it.

 

You don't say if the drawings he has produced are dimensioned working drawings or just planning drawings.

 

If you had paid a significant fee for the services of an accredited Architect who would carry some professional indemnity insurance and has produced a fully dimensioned construction drawing based on site measurements then you would have every right to be disgruntled and seek recourse.

 

If you have however just employed this guy because he was cheap ( and I am not casting any aspersions on his ability or your integrity ) then you would have to bite the bullet and put it down to a genuine error on his part and an oversight on your and your subcontractors part too.

 

Any good builder will produce a gauging rod and set up a profile on the existing building before starting work and adjust the brick coursing accordingly to compensate for any errors or site anomalies., especially in a instance like this where a window at high level could potentially foul the roof plane. I suspect your bricklayer has probably not even noticed this, just wanting I imagine, to get the bricks up quickly, get paid, make some money and move on. Subcontractors employed on a casual basis rarely look too diligently into these things. Where as Builder with total responsibility generally would.

 

The fact that he has stated on the drawing that dimensions should be confirmed on site is I'm afraid a perfectly legal indemnity for him and in my experience of cases like this ( and they are very common) its highly unlikely the man in the wig will find in your favour.

 

My best advice to you in a professional capacity ( but now retired) would be to try and work a compromise, but don't expect to get the total value of the alteration works back from him if indeed he has been employed on an informal basis because he was cheap.

 

Good luck.

But that is your problem in all meanings of the word.

You employed a failed architect/unregistered with a governing body and insurance to fall back on,a builder that relies on sub-contract labour and no constant in overseeing the work or responsibilities and Your problem has been staring you all in the face for the entire contract.

The courts will just ask if you have arbitrated on the matter or appoint a chartered surveyor to act in settlement for both parties.

Is the right answer...

 

( or someone like me )

[JBS]

The builder should have picked this up well before it came to this, if it were me I would do it for nothing as a good will gesture, its a days work and a new window, no big deal

[Twistedsanity]

Thanks guys, the builder is very experienced and I would.uae the term sub Contracted lightly, they are a team of 50+ year olds who have been working together for many years, there is general builder who I employed who is running the job but he uses a bricklayer for all his brickie work as he is a lot quicker and a roofer to do the timberwork etc. They aren't all random people but help each other out on projects, I guess your right and Im just going to have to swallow it as I brought cheap but I'm still going to have a bash in the small claims as I'm sure the fact that his drawings are inaccurate must hold some.water with the wigg wearers, thanks again for your advice

[Adge Cutler]

Thanks guys, the builder is very experienced and I would.uae the term sub Contracted lightly, they are a team of 50+ year olds who have been working together for many years, there is general builder who I employed who is running the job but he uses a bricklayer for all his brickie work as he is a lot quicker and a roofer to do the timberwork etc. They aren't all random people but help each other out on projects, I guess your right and Im just going to have to swallow it as I brought cheap but I'm still going to have a bash in the small claims as I'm sure the fact that his drawings are inaccurate must hold some.water with the wigg wearers, thanks again for your advice

With respect if your builder is very experienced he should perhaps have identified this potential clash. ?

 

I have over 30 years experience of this sort of thing it was in part, my profession as a expert witness in construction related issues. I have been employed by the SCC many times as a mediator and expert witness in similar cases.

 

The court will expect you to have tried to reach an agreement with the other party before presenting your case, particularly in instances like this where the amount involved is not substantial. If you have not tried this route you will be penalised by the court.

 

There are grey areas in this case on both sides and I am 100% confident the courts will pass this case on for mediation to an expert like me. All he will do is try and reach some common ground which is what should have happened in the first instance

 

Unless you are 100% confident of an award of damages, for various reasons I don't have the time to go into now, I would advise you not to proceed.

 

I would speak to your builder also before deciding on such action. The expert witness or mediator will want to know if he interpreted the drawings correctly because as I said before if it says check dimensions on site then that is precisely what you and him should have done....... its black and white.! I am afraid

 

Take my advice, which is free Don't stew over it, take it on the chin try and reach an agreement and move on, and don't be vindictive, the error wasn't deliberate.

 

I suppose the moral in this is don't cut corners with the design process and use a Architect who is registered and carries the appropriate professional indemnity, which you can fall back on.

 

Don't make the mistake thousands make of assuming because building control have inspected and signed off the work there might not be a design defect through negligence or error in the years ahead. If there is and your architect /designer has no PI you are stumped.!

 

Architects fees for design work should be a minimum of 3% of the build cost on small scale domestic work and Structural Engineers fees 1%. The majority of conflict in these type of cases is due to the house holder trying to pare essential expenditure from his construction budget.

 

Remember talk is cheap proper advice is not !

[Adge Cutler]

The builder should have picked this up well before it came to this, if it were me I would do it for nothing as a good will gesture, its a days work and a new window, no big deal

Credit to you...That's the right attitude to have and I must say most of the better builders I have encountered in my working life would say the same.

[Twistedsanity]

I have the money to pay for it, that's not an issue, my issue is I paid for a job that wasn't done correctly and I would feel the same if it was a car repair or making a birthday cake, I am the type of person who has always taken pride in what I do and doing it right, if I mess up I apologise and do my best to put it right. This guy doesn't seem to want to accept responsibility for his obvious mistake which is where I have an issue. The "architect" messed up with a chimney breast that started half way up the wall(from a 1930"s kitchen jobbie)no notes made about its removal and the builder has done as you thought is the right thing and removed it for me and secured it with gallows brackets etc as a gesture of good will free of charge(a days work) so he is doing the right thing and making the effort, i suppose I just want people to accept responsibility for their actions and learn from their mistakes which as we all know would make the world a better place