Architects responsibilities and liabilities.

minimol

My daughter paid an architect to draw the plans for a proposed extension. After surveying the property the plans were drawn up and after a couple of minor changes were submitted for council approval. After consent was given, her builder proceeded to dig up her driveway for the footings. After several days with a garden full of trenches, the builder discovered a main sewage pipe was running the length of the extension and was told by the local water authority that construction must stop. After several weeks of discussion the bulder has submitted a revised set of plans for a completely different, much smaller extension than was originally planned. Has the architect been negligent for not carrying out a proper survey and should my daughter be able to claim compensation for all of the extra work carried out, a needlessly destroyed driveway, and the lost time?

DevilDamo

It would depend on the agreement made with the architect as to what they include (or not) as part of their survey. While some would explore existing on site drainage, others may not and ask for clients to make them aware of drainage (and any other) restrictions that could affect the proposals. Similarly to other services, e.g. water, electric and gas. You wouldn’t just expect an architect/designer to know all about that but would look to rely on the client to tell them and make them aware.

Why did the extension have to be reduced in size because could it not have been dealt with via a Build Over Agreement and the relevant lintels/bridging over where required? Or was the line of the new wall/foundation actually on the line of the existing sewer?

Mistral001

She might (only might) have a claim against the architect, but the problem should have been brought to the architect's attention immediately it was discovered so they could have been given a chance to alter their design.  If they were not told of the problem immediately then any claim will have been compromised.