ᐅ Wrong door installed and architect trying to avoid responsibility

Created on: 16 Jul 2012 16:25
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Luckhardt-1
16 Jul 2012 16:25
During the tender process for our front door, our architect made a mistake for which he now refuses to take responsibility. Initially, he proposed two door options to us via email, and we clearly chose one type in writing.
However, he then listed the wrong door in the specification document. We never saw this document and only discovered the error after the door had been installed.
The architect now claims he never received the email and insists that we should have ensured that any "change requests" were actually delivered.
In short, he simply does not want to cover the damage.
We are quite upset and are now looking for a way to enforce our rights. Maybe someone here has a recommendation on how to proceed?
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MODERATOR
21 Jul 2012 18:59
With email communication, it is difficult to maintain clear proof of agreements. In the future, you should explicitly request a confirmation of receipt—and if it is not received, follow up.

In general, I recommend that email correspondence related to contracts or business matters always be conducted using the direct reply function of the email program (including quoting or inserting the original messages). This is the only way to ensure that the content of the correspondence remains traceable and verifiable.
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Annegret-1
24 May 2014 10:28
It is often said that architects make mistakes but do not take responsibility for them. Even when everything is handled by email, it is difficult to provide proof later on. I will send everything again in writing by postal mail.
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Dario-1
3 Jun 2014 11:55
This is really surprising. But that's the downside of communication via email. However, it should have been noticed in the bill of quantities.
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Robert-1
7 Sep 2014 06:59
At this point, I would make a big fuss. Regardless of whether there were verbal agreements or everything was handled via emails, this major defect must be addressed without any ifs or buts.
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Hannes1983-1
2 Jan 2015 08:57
Hi,
Don’t accept any issues and threaten legal action. If the door was installed according to SIA standards, send a written complaint. Then they must fix the defect or make sure it is resolved. This can also be done by another company.

I always recommend keeping a protocol during construction work. After the work is done, the company must sign it, and of course, this must be checked as well.

All the best