architect's nrgligence

amatino

We had instructed an architect to apply to Thames Water for a Build Over agreement for a class 3 sewer as we were planning to build an extension which is within 3 metres of a large public sewer. With his application he had to submit drawings. He had marked on the drawings that each pipe was 8 and 5 metres respectively. On that basis the builders commenced digging, only to find that the pipes were found just under 2 metres! We had contacted Thames Water who had informed us that he did not apply for a property search and had used and old drainage map which I had given him that was over 30 years old. I was informed by Thames Water that the measurements were in inches. Although he is a member of the RIBA am I am able to sue him? Finally Thames Water did not pick up the error during the application process and paying them over £1300. I have contacted him but he is not responding. Any advice please. Thanks

Johnandabby

Are all the measurements depths of sewer below ground level? Otherwise difficult to understand.


What is the impact of the mistake? That you can't build the extension at all, that you have to reapply to Thames Water, or that your builders have to be more careful when excavating? You need to know that to be able to sue him - the architect will very likely have Professional Indemnity Insurance that you can claim against if they made a mistake and it can't be resolved.

CynicalScotsman

Normally, an architect would advise you to take out insurance in a project of this nature. If he went to the extent of applying for permits (which the WA would have assessed) then he surely would have mentioned insurance?

Did you take out the insurance?

It covers accidents such as this.

mynameisdave

As I understand it he produced the drawings, measurements included, based on the information from the outdated information you gave him?

keyser666

mynameisdave wrote: »

As I understand it he produced the drawings, measurements included, based on the information from the outdated information you gave him?

Surely that is totally immaterial, he should be doing his own due dilligence, which seems he hasnt even more so that he didnt even submit the application

mynameisdave

keyser666 wrote: »

Surely that is totally immaterial, he should be doing his own due dilligence, which seems he hasnt even more so that he didnt even submit the application

Of course it is material. His actions are based on information provided to him by his client. If the information his client provides him is utter crap it is not his fault it is the clients. If his client said I would like to achieve ABC please do XYZ to make sure it is feasible and he failed to do so then he would be negligent but he has done exactly what his client asked and not done supplementary things that it later transpired would have highlighted an error by the client.

unholyangel

mynameisdave wrote: »

Of course it is material. His actions are based on information provided to him by his client. If the information his client provides him is utter crap it is not his fault it is the clients. If his client said I would like to achieve ABC please do XYZ to make sure it is feasible and he failed to do so then he would be negligent but he has done exactly what his client asked and not done supplementary things that it later transpired would have highlighted an error by the client.

I think what keyser is getting at is that even despite being given an old map, it may go against the requirements of reasonable care and skill if a competent architect would have applied for a property search or picked up on this.

There is an expectation that when paying for services, those services should at least meet a reasonable standard.

amatino

Can I also say that even though I gave an old drainage map to the architect, he had in fact misreadthe measurements and used metres instead of inches on his drawings which he had submitted with the application to Thames Water.

Johnandabby

Its a requirement of the ARB (which is the regulation body for architects, RIBA isn't as important just with bigger marketing budget) for all architects to have professional indemnity insurance. This is exactly the type of thing that it exists to deal with - an avoidable mistake that has a cost implication.

Write to the architect confirming that you will be taking them to court, and ask for details of their insurer and policy reference. If you dont get a prompt response make a complaint through the ARB. But ultimately you will need to instruct a solicitor and look to take the architect to court to get payment - most insurers will settle out of court.

keyser666

Johnandabby wrote: »

Its a requirement of the ARB (which is the regulation body for architects, RIBA isn't as important just with bigger marketing budget) for all architects to have professional indemnity insurance. This is exactly the type of thing that it exists to deal with - an avoidable mistake that has a cost implication.

Write to the architect confirming that you will be taking them to court, and ask for details of their insurer and policy reference. If you dont get a prompt response make a complaint through the ARB. But ultimately you will need to instruct a solicitor and look to take the architect to court to get payment - most insurers will settle out of court.

Exatcly what I advised via PM this morning

arcon5

keyser666 wrote: »

Exatcly what I advised via PM this morning

So why not post it up on the board then? Where others in similar situations may find it useful if they stumble across this forum