Extension and Architect

ipri

We have had an Architect design our extension. All the legal / tendering stuff was organised by him. We decided to let him do the management of the build so we could forget about any problems with the build and the builder. The builder gave us a "schedule" of works" which estimated the build "12 to 16 weeks". We were to have meetings every 2 weeks. Out first meeting was actually at 4 weeks....we were already 2 weeks behind. When the Arch. asked the builder how the build was going...the builder managed to avoid saying they were behind. As the weeks went by, it was obvious that the builder was doing most of the work himself...with the odd contractor coming in. At 5 weeks behind the arch. said there was a clause which we could invoke that would financially penalise the builder...but suggested that we didn't use this so as not to fall outwith the builder. We agreed. We started beginning of July...at Xmas the arch. suggested that, since we could now use the ext. that we do a "Snag" in the new year...and leave remaining work to be paid for as they were done. We have paid all bills as they were asked for....also half of the 5% retained money has been paid!the rest of this to be paid in a years time. Since the "Snag" list...we have not seen / heard from the Arch. this is about 5 weeks....the build is now almost done. The builder has a number of other projects on the go....we thought we has "exclusivity" due to the contract. The work is fine...but the frustration is incredible! I am more annoyed that we will soon get a bill from the arch. for about £4k! Tomorrow marks the beginning of week 37!....At times of greatest frustration I have called the arch. who then calls the builder with my complaints! We actually quite like these people!....do I have cause for complaint? I feel that although the builder has been slow...we have at least got what we paid for.....I will resent the bill from Arch.!! BTW...he is an "Architectural assistant" don't know if that affects anything.


any comments welcome...sorry for long post.

ipri

sorry for the bump....would love some advice!

Doozergirl

I'm kind of struggling to see how the architect project managed anything.

The builder provides a schedule of works and you can invoke penalties on him if he runs over (meaning responsibility actually lies with him to get the job completed) but if the 'architect' project manages then what is contained in your contract? What did you agree that his job was? If the 'architect' did the tendering then didn't he find out that this builder works essentially alone? Anyone in the industry could tell you that one guy can't build an extension in that time.

I would have a look at what you agreed, decide where he deviated from that an complain to him. What proportion of the fee is for project management?

Clive_Woody

As a project manager myself (although nothing to do with the building trade) I also have to question exactly what project management the architect did other than advise that you don't invoke a penalty clause that worked in your favour. Our extension is due to start in a couple of weeks and the builder is doing the project management (with me keeping a close eye on him), the architect was employed purely to complete the plans.

The build was massively delayed, if my projects came in that late my clients would be very unhappy. Did the architect have any involvement in selecting the builder or agreeing on the timescale for the build? As part of his project management did he ever revise the timelines during the build and get the builder to agree to them? Did he ever tell the builder how unhappy he was with the delays and ask him to bring in more people to complete this ASAP? In his defence if he was given a project to manage that was never possible then with the best will in the world he had no chance.

I would write to the architect and ask him to justify what project management he has done to justify the £4k fee and if he feels that his management was adequate considering the build was completed so late.

ipri

Thanks....the fee is 5% of the build. We signed a comprehensive contract... details of hours of work and timescale where on this. The arch. used to ask about build situation and ask builder to move it on...the builder just carried on as usual. He obviously had other work on...parts of our work was carried out at weekends...which I think were not allowed in the contract but we were quite happy just to see something was being done. The build schedule was presented by the builder at the start ....the arch. seemed happy with this. Since the "Snag" assessment by arch. we have not seen him ..about 5 weeks ago....as I said...the two and half % part of the builders fee has been asked for and paid...I thought this would be withheld till full completion...no incentive to crack on??

vaio

I used to use JCT minor works or design & build and, whilst you could alter them, in both those the retention (generally 10%) was paid half at "practical completion" and the other half when the defects liability period expired

teneighty

What contract was used?


Has the architectural designer certified practical completion?


From your description it would appear that the architectural designer was out of his depth and the builder was just running rings around him.


If the designer is a member of a professional body they may have a complaints procedure.

Clive_Woody

ipri wrote: »

Thanks....the fee is 5% of the build.

So the £4K is 5% of the build therefore this is a one man building company doing an £80K build and he thought it could be done in 12 - 16 weeks?

I am assuming for that price this was a pretty large job?

We are getting a 4 x 5 m single height extension for less than half that (and that's in Sussex).

ipri

no practical completion yet....rendering going on today....then downpipes..

Doozergirl

ipri wrote: »

no practical completion yet....rendering going on today....then downpipes..

That's not snagging!! You can't be expected to pay retention funds on that!

I think asking this guy what he thinks he has done to deserve his fee would be a good idea!

ipri

Does the JCT minor works contract enforce "Exclusivity" as part of the builders instructions?