By: Monte Leeper
Q. I hired an architect, had him develop some ideas, decided I had enough information to get a contractor and started to build. The contractor even
told me I really didn't need an architect to move a few walls and add a
bathroom. When I asked the architect to do the right thing and come back to
look at the work, he told me he couldn't. He said that he didn't want to be
liable for the contractor working without plans or permits. I signed a
contract with the architect that says he is supposed to look at the work.
Should I sue him, since I expected his advice on whether the contractor was
being fair with me, and now, it seems, he abandoned his responsibility?
A. Shame on you. You hired a contractor and an architect but never put a
set of plans together for either to use on the project. You failed to
realize that a set of construction plans is a contract between you and the
contractor (that's why they call them contract-tors), that the architect is
licensed to have concerns about your health, safety and welfare, and that
you prevented the architect from acting professionally on your behalf. You
have no final plans, no permit and no means of legalizing the work you are
doing. So why would the architect want to be dragged into court and asked
why he acted so unprofessionally. Final construction plans give information
that meets the building codes, shows how to structure the building, and any
other specifics that avoid "extras" later on. You shortchanged yourself,
probably to save a little money, because you are now the responsible one.
Whenever I hear these stories, it all boils down to one issue. Passing the responsibility to someone else. I doubt you could successfully sue the
architect. I doubt that you could prove that the architect was
irresponsible. You moved beyond your agreement with the architect, and I
think he made the right choice by not continuing to be involved. He should
have sent you a registered letter indicating he could no longer provide you
with service, since you created the situation where you have acted without
permits, in a potentially unsafe manner. I hope you will hire someone to
calculate and check the structure and get permits, however.
