ᐅ The architect and construction manager are not following the current plans and are using outdated versions.
Created on: 27 Aug 2009 00:19
U
ubatHello everyone,
since we don’t know how to proceed and don’t want to involve a lawyer yet, I’m hoping to find some help here.
The situation is this: we have been having a semi-detached house built through an architectural firm since February/March. The shell and installations are done, currently the windows are being installed, and serious problems are now arising.
1. Problem window: Kitchen window.
3.00 m (10 feet) wide overall, and according to all plans, 50 cm (20 inches) of glass height. The installed window has only 35 cm (14 inches) of glass height. The architect and construction manager have known about this error for two weeks, yet the window was still installed and insulated last week without any attempt to replace it. We have sent a written notice with a deadline, but nothing has happened. What options do we have besides involving a lawyer?
2. Problem window: Layout of a three-part window
This situation is somewhat more complicated.
We have a plan attached to the contract notarized by a notary. Since then, we have made several changes and received new, updated floor plans each time.
The window in question was never changed; however, it appears the architectural firm made a mistake so that on all plans we received after the contract, this window has different proportions than on the plan attached to the contract.
Of course, we did not expect this and did not compare the contract plans with the new ones.
We want the window as it is shown in the latest plans.
The architect is now arguing that the plan attached to the contract is the valid one. But this makes no sense because many aspects of that plan do not match the actual construction, which has been carried out “mostly” according to the current plan.
So, multiple plans were used: the original plan for the window in question, and the updated plan for the rest.
We have received the current plans multiple times in signed emails and also printed copies from the architectural firm, and the window was always as we wanted it. The plans have dates, and in my professional experience the plan with the latest date is the valid plan.
However, the architect is completely uncooperative here as well, and we don’t know what to do. As mentioned, involving a lawyer should be a last resort.
… quite a bit of text, I hope someone has good ideas on how we can proceed. These may seem like small issues that one can easily settle financially, but if further defects come up, the architect will insist we just pay, since he has already gotten us to pay for his mistakes once.
Many thanks in advance to the hopefully helpful rescuer!
since we don’t know how to proceed and don’t want to involve a lawyer yet, I’m hoping to find some help here.
The situation is this: we have been having a semi-detached house built through an architectural firm since February/March. The shell and installations are done, currently the windows are being installed, and serious problems are now arising.
1. Problem window: Kitchen window.
3.00 m (10 feet) wide overall, and according to all plans, 50 cm (20 inches) of glass height. The installed window has only 35 cm (14 inches) of glass height. The architect and construction manager have known about this error for two weeks, yet the window was still installed and insulated last week without any attempt to replace it. We have sent a written notice with a deadline, but nothing has happened. What options do we have besides involving a lawyer?
2. Problem window: Layout of a three-part window
This situation is somewhat more complicated.
We have a plan attached to the contract notarized by a notary. Since then, we have made several changes and received new, updated floor plans each time.
The window in question was never changed; however, it appears the architectural firm made a mistake so that on all plans we received after the contract, this window has different proportions than on the plan attached to the contract.
Of course, we did not expect this and did not compare the contract plans with the new ones.
We want the window as it is shown in the latest plans.
The architect is now arguing that the plan attached to the contract is the valid one. But this makes no sense because many aspects of that plan do not match the actual construction, which has been carried out “mostly” according to the current plan.
So, multiple plans were used: the original plan for the window in question, and the updated plan for the rest.
We have received the current plans multiple times in signed emails and also printed copies from the architectural firm, and the window was always as we wanted it. The plans have dates, and in my professional experience the plan with the latest date is the valid plan.
However, the architect is completely uncooperative here as well, and we don’t know what to do. As mentioned, involving a lawyer should be a last resort.
… quite a bit of text, I hope someone has good ideas on how we can proceed. These may seem like small issues that one can easily settle financially, but if further defects come up, the architect will insist we just pay, since he has already gotten us to pay for his mistakes once.
Many thanks in advance to the hopefully helpful rescuer!
Hello and thank you for your reply!
Regarding point 1: Yes, both are correct. The plan specifies 50cm (20 inches) of glass area, and the masonry does not match. The architect has somewhat mumbled something about a "mistake happened," but nothing is being done.
Regarding point 2: If the plan attached to the contract were valid instead of the current plans, then all changes carried out according to the new plans would not be lawful. That just can’t be right. 🙁 Significant modifications have been made that affect a lot of the masonry. If the contract plan is the valid one, we could demand that it be carried out as specified there, and not according to the current plans.
It looks like we will most likely have to seek professional advice already at this stage.
Regarding point 1: Yes, both are correct. The plan specifies 50cm (20 inches) of glass area, and the masonry does not match. The architect has somewhat mumbled something about a "mistake happened," but nothing is being done.
Regarding point 2: If the plan attached to the contract were valid instead of the current plans, then all changes carried out according to the new plans would not be lawful. That just can’t be right. 🙁 Significant modifications have been made that affect a lot of the masonry. If the contract plan is the valid one, we could demand that it be carried out as specified there, and not according to the current plans.
It looks like we will most likely have to seek professional advice already at this stage.
Similar topics