Extension and Architect

System

For a start, the designer here is not an architect, do they work for a firm under a registered architect?
Do they have a contract that says they will project manage or just that they would inspect works on site/provide additional details as required by the builder?
It sounds like they have been administering the contract and doing payment certificates etc?
I don't think the op has claimed the architect (or not as the case may be) was employed as a project manager, but has been employed to administer the contract as the works go on.
Has the architect been out to inspect the works regularly? have they provided any additional details to the tender/contract documents after the works have gone on site?
Have you paid them anything else during the works? 4k over 37 weeks would probably equate to a couple of hours input a week - do they state an hourly rate in the contract so you could work it backwards?
It's easy to say that 4k is a big bill but we have no idea of the actual amount of work carried out here.
Out of interest do you have a formal contract in place with the "architect" would be interesting to see what title they have given themselves on the documentation and if they carry any appropriate insurance.

It sounds really like the major issue is with the builder, it's a difficult situation but at least you have a contract to fall back on, tbh I wouldn't have paid the last one as it doesn't sounds anywhere near practical completion, if there are clauses in the contract about withholding payment for time delays then it might be worth looking back over them (although it may be too late to enforce anything) - I can't understand why the issue of the penalties wasn't discussed with the builder to give him a push in the right direction, that looks like a mistake on the architects side....

ipri

Thanks...the arch. we originally got out from well established local firm. When we decided to go ahead, An architectual assistant came out to measure entire house. We discussed our ideas....got plans...paid then final plans..paid again.Apart from that original contact with Arch. we have dealt entirely with the arch !!!.. We were given the choice of managing the build ourselves but opted for him to do this. We didn't feel confident in dealing with an experienced builder , felt arch. !!!. would keep things moving and would know what not to let builder get away with. We had contract which covered everything from "no smoking" to "Discovery of treasures on site". I think that there was some sort of exclusivity written into it also. We were to have 2 meetings a month...first one was actually after one month..we were already 2 weeks behind...builder obviously working elsewhere....attempts to catch up by working weekends ( not allowed in contract). Further meetings we were getting further behind but arch. !!!. comments about catching up made no difference. He then mentioned the "Clawback" clause...but advised against saying "we don't want to upset builder...lets give him a couple more weeks"...we have not talked about that since . Perhaps that's our fault..too soft I suppose! We asked if we could have this inside done by Xmas....Arch !!!. said that he would push to complete in new year.....then ( in desperation ? ) ....suggested doing a "snag" list and paying for outstanding work..( pebbledash...downpipes...back gate to be paid as separate items....we then got last pay cert. with 2 1/2 % retention fee to be paid....yep...really soft! we haven't seen arch !!!. since then....at least 6 weeks....the builder comes on odd occasions to do the bits and pieces that are left. P/ dash now done but I have called builder to get the rest done...he will come ...but when he has nothing else on...We are now in week 38 of a proposed 16 build. I know it will get finished...and we like what we have got..but ooh the frustration and stress!! And the very worst bit...we will shortly get a bill from arch. !!!. We aren't the sort to avoid paying anybody...but I will resent this one. The thought of confronting the Arch. firm and the further stress a complaint procedure would entail is daunting. I have thought about asking for copy of contract and details on in house complaint procedure...but...????

ipri

ps sorry when I type !!!. it comes out as (!!!)


Arch. !!!....means Arch. assistant

teneighty

"I think that there was some sort of exclusivity written into it also."


Assuming you used the JCT Minor Works Contract this does not include an exclusivity clause so it would have to be added. Read your copy of the contract and see if it is there. Though to be honest I do not see how you could enforce it. I have never seen such a clause and cannot see the point of one.


Assuming the architectural designer chose the contractor he should have determined that they had the capacity to complete the job in the timeframe. The 16 weeks should have been written into the contract to fix the completion date....Was it?


How many other contractors priced for the job? This is starting to sound like the architectural designer is in collusion with the contractor.


Given your description I would be refusing to pay the Contract Administration/Project Management element of the designer's fee.