ᐅ Final inspection with architect – is an expert recommended?

Created on: 23 Jul 2024 11:28
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Viki1984
Hello,

We built with an architect (not a general contractor or similar), and the site supervision was also handled by the architect. Most trades were contracted by the architect as well, after consulting with us. Now the final inspection of the completed single-family house is coming up, and we are wondering whether it is necessary or worthwhile to involve an independent building surveyor or similar expert. We often read that warranty and liability issues when building with an architect are different compared to a general contractor, so having an independent expert carry out the handover inspection might not be essential.

Do you have any tips or recommendations? Of course, an independent expert may notice things differently (independently), but what matters to me is whether it actually makes a difference if defects appear over the coming years that are not visible now or are noticed but need to be fixed by the architect or the contracted trades anyway.

Is there anything else from a homeowner’s perspective that we should consider? It’s not about saving a few thousand US dollars, but rather whether it is really necessary and what an independent expert can actually find after completion.

Unfortunately, my searches on this topic only returned information on final inspections with general contractors, so I hope this subject is acceptable to discuss here.
Tolentino25 Jul 2024 09:54
It seems that this specialist has either never been involved or only at the very beginning of the project.
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thangorodrim
25 Jul 2024 13:16
Interesting topic.

It would be useful to know how courts actually rule in practice: can the architect regularly demonstrate that they planned and supervised perfectly, and that any defect is solely the contractor’s responsibility? It’s a different situation, but in a car accident, for example, shared liability is common. According to my source, the architect must even be liable if the contractor goes bankrupt, provided (and this is the key point, and you’re absolutely right, nordanney) the architect is partially at fault.

Is the architect really completely released from responsibility after the acceptance of their work? In that case, it would definitely make sense to seek professional support during this acceptance phase.

And what about the architect’s warranty on their work? If a planning error causes the basement to flood because the architect never considered flood hazard data, does the client have to bear the damage (within the warranty period, of course)? If a defect appears at an interface between trades during the architect’s warranty period, does the client then have to dispute with the contractors about who is responsible?

It is often heard that it is reasonable for the architect’s fee to increase with billable costs, since the architect also assumes liability and must obtain insurance. The value of the architect’s service would be diminished if the architect could easily avoid liability and warranty. In that case, the liability situation would be better with the general contractor (GC), where fewer parties are involved.
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nordanney
25 Jul 2024 13:23
thangorodrim schrieb:

And what about the architect’s warranty on their work? If the basement floods due to a design error because the architect never considered flood risk data, do you just have to cover the damages yourself (within the warranty period, of course)?

No, the architect is liable for that and insured.
thangorodrim schrieb:

If damage appears at an interface between trades within the architect’s warranty period: do I, as the client, have to argue with the contractors over who is to blame?

Yes, definitely. Because initially no one will admit fault and everyone will blame someone else. But this has nothing to do with the liability of the architect or the contractors. It is very common that the painter blames the plasterer, or the floor installer blames the screeder, who in turn blames the heating technician for a "wrongly" installed underfloor heating system.
Only with a general contractor (GC) do you have one party who is always responsible: the GC.