Architect's drawing of plans is wrong but not admitting liability

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Lornayork

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I am currently having a 2 storey side extension built and have encountered a huge issue. The rear wall of the extension meets the upstairs window in the middle. The architect has drawn the window in the wrong position. The builders discovered this at first floor level. We are therefore having to move and resize the existing bathroom accordingly to prevent the whole build being taken down and rebuilt. Clearly, the architect has not fulfilled his job by designing the (£2500) plane correctly. On the other hand the builder has not used common sense and checked upwards before building. The argument being he's 'built off plan'. The cost of the rectification work falls to us as no party is admitting liability. The architect now admits the drawings are wrong but will not entertain any financial assistance or liability beyond this. What is our legal stand point? Can we pursuit the architect from damages/compensation as such? Any help would be gratefully received
 
Just because the builder built off the plans, common sense should have told him something was wrong sooner than it did. The Architect has admitted he's wrong, and if he won't offer financial assistance to correct the problem, then you have to tell him you have no other option than the small claims court. How much will the rectification works cost.

Really, both the builder, and the Architect are fairly equally at fault, so should share the cost.
 
Blame does fall on both parties I totally agree but the architect was paid to draw the plans and that brief hasn't been fulfilled
 
Some blame can be attributed to the architect, bearing in mind our scant knowledge of the situation, but the bulk of the error lies with the builders, 'building off plan' is merely a smokescreen and the cock up should have been foreseen before it became a problem and the architect given the opportunity to correct things.
 
In my experience, architects are a liability and their work must be carefully scrutinised. They are the "scatty artist" of the buildings world, rather than the "exacting scientist". I ended up with similar grievance to you but ultimately if you instructed the builder to build to plan, you have to be sure the plans are sound and comprehensive. Did the architect have any sayso in helping you choose the builder or project manage? (Mine offered this, for a fee of course)

Nozzle
 
Did no one look at the drawings before any bricks were laid or at the quoting stage?

I find it astonishing that neither the client nor the builder spotted this sooner. By the time I have completed a quote, I'm very familiar with the drawing and usually have a list of questions for both the architect and the client.

For a builder (and client for that matter) to actually allow a building to get as far as it did, without spotting this mistake is an effing joke in my mind and (the builder) should have spoken sooner. However the builder may have been thinking that the error was known to both the client and architect and carried on regardless. You are all a bit thick and are all to blame.
 
noseall said:
You are all a bit thick and are all to blame.
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I'm not sure this is entirely fair.

Some clients are not technically-minded and trust that the architect and the builder they are paying handsomely for professional services will know what they are doing and sort out the job between them and do the job properly.

What about the building inspector?

And what about the finished product not being built to the plans?

Have you paid the architect?

I would go back to them and insist they rectify the issue at no cost to yourself as their plans were clearly not drawn up correctly.
 
securespark said:
I'm not sure this is entirely fair.
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Yes you're probably correct. I suppose what most clients do is ask for a scheme to be drawn up by the architect, approved by the client, then more drawings to be approved and forwarded to planning then more drawings to be approved and forwarded to BC and are going to spending a lot of money building it and actually having to live with it (potentially for a very long time), all without looking at the drawings once.

Yeah, sounds feasible.:rolleyes:
 
Miaow!

The professionals missed the issue, so the client should have picked up on it?
 
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