Complaining about an architect

discontent64

In June 2017 we engaged an architect to design an extension that was a close as cost neutral as possible (ie it did not cost a significant amount more than value added to the house) and obtain planning permission (we live in a Grade II list building so things are not simple).  After a while a design was presented, which we liked so we then asked for a rough breakdown of costs, the architect asked a builder who came up with a cost that wasn't added up properly by a significant amount.  We took matters into our own hands (contacting builders and estate agents)  and discovered the  deficit between building the extension and the added value of that extension was over £100K (we liked the extension but cannot afford that kind of loss).  At this point we had already paid around £6k to the architect, so we came up with a design suggested by the builder.  This was over 18 months ago, the rough drawings were eventually done in August last year, but we are still waiting for the Environment statement and other documents so that it can be submitted for Listed Building consent and planning permission.  Every time we have contacted the architect they have said that things are nearly ready (4 times last year).  The latest was in early December with something promised by the Christmas break.  We are still waiting, we contacted the architect via email on the 8 January and have not even had an acknowledgment.  Does anyone have any suggestions as to how we can get this resolved without costing yet more money 

tacpot12

Complain to the  architect, and then to the ARB. See here Making a complaint - what happens when you complain to ARB

discontent64

Many thanks.  We have been trying to get the architect to engage to no avail.  Started with RIBA, but baulked at the £300 for adjudication or mediation.  Will try ARB.

MattMattMattUK

discontent64 said:

Many thanks.  We have been trying to get the architect to engage to no avail.  Started with RIBA, but baulked at the £300 for adjudication or mediation.  Will try ARB.

Sometimes you have to spend money to enforce your rights, usually if you are in the right you receive costs when the matter is resolved. 

discontent64

So, am I correct in thinking that we pay RIBA £300 pounds and they adjudicate and mediate, and then at the end of the process we get our money back (if they find in our favour)?  Hmm, bearing in mind RIBA is an architects trade association I have my doubts.  Has anyone been down this route and got their money back?  This has already cost us a lot (not just in money)

Undervalued

discontent64 said:

So, am I correct in thinking that we pay RIBA £300 pounds and they adjudicate and mediate, and then at the end of the process we get our money back (if they find in our favour)?  Hmm, bearing in mind RIBA is an architects trade association I have my doubts.  Has anyone been down this route and got their money back?  This has already cost us a lot (not just in money)

I think you will find it is a regulatory body with statutory powers.

Ultimately, in a dispute, you will need a expert opinion from somebody well qualified. I used to be very involved in my own professional association (not architecture). We had a list of well qualified members with various specialities who would provide such reports for a fee. They, quite rightly, called it as they saw it. Sometimes finding for the client, sometimes for the member and sometime down the middle. I can't remember even one such opinion being overturned in court and for that reason few ended up getting that far.

discontent64

The description RIBA puts on its website "The RIBA, its members and its practices are the collective voice of architecture. If you are a professional architect, a representative of a practice, a student of architecture, or if you work in a related industry, visit our Membership page", it might be a regulatory body, but it is hardly independent.  As demonstrated by their response with regard to my request to assist in my complaint about the architects failure to follow their Code of Conduct with regard to their professionalism- "Unfortunately we are not able to intercede in these matters as this would fall beyond the scope of our role. This would be a private contractual matter between the parties and so we would have no authority to intercede in the build project. However, I am able to provide information with regards to potentially recovering any fees you would be due.

Alternative Dispute Resolution (ADR)

You could potentially apply to the RIBA for the nomination of an expert to hear the dispute of the two parties and to make a decision regarding the same. With regards to Arbitration and Adjudication, the decision could potentially be legally binding.

The ADR options open to you for seeking to resolve this matter can depend on the contractual arrangement for the project and whether the contract has a dispute resolution clause. Such a clause that would state what would happen in the event of a dispute arising under the contract. If there is a clause in the contract that allows for adjudication/arbitration for example, and the contract names the RIBA as the nominating body, then you could potentially apply to the RIBA for the nomination of an adjudicator/appointment of an arbitrator. In the absence of such a provision, then the parties can agree on a form of dispute resolution and enter the process by consent.

Please note that the RIBA is the nominating body and our role is to nominate/appoint an expert to hear the dispute. Once this has occurred, the RIBA plays no further part in the Dispute Resolution process and all queries from that point should be addressed to the nominated expert. You would need to seek your own independent expert advice to ascertain what options are available to you/would be most suitable as the RIBA is not able to give advice.

More information on the dispute resolution service can be found here: https://www.architecture.com/knowledge-and-resources/resources-landing-page/dispute-resolution.

If you would like any further information on the nomination/appointment process regarding any specific form of Dispute Resolution, please let us know and we would be happy to assist"

So we now have the option of losing another £300 for poor and unprofessional services.

Undervalued

discontent64 said:

The description RIBA puts on its website "The RIBA, its members and its practices are the collective voice of architecture. If you are a professional architect, a representative of a practice, a student of architecture, or if you work in a related industry, visit our Membership page", it might be a regulatory body, but it is hardly independent.  As demonstrated by their response with regard to my request to assist in my complaint about the architects failure to follow their Code of Conduct with regard to their professionalism- "Unfortunately we are not able to intercede in these matters as this would fall beyond the scope of our role. This would be a private contractual matter between the parties and so we would have no authority to intercede in the build project. However, I am able to provide information with regards to potentially recovering any fees you would be due.

Alternative Dispute Resolution (ADR)

You could potentially apply to the RIBA for the nomination of an expert to hear the dispute of the two parties and to make a decision regarding the same. With regards to Arbitration and Adjudication, the decision could potentially be legally binding.

The ADR options open to you for seeking to resolve this matter can depend on the contractual arrangement for the project and whether the contract has a dispute resolution clause. Such a clause that would state what would happen in the event of a dispute arising under the contract. If there is a clause in the contract that allows for adjudication/arbitration for example, and the contract names the RIBA as the nominating body, then you could potentially apply to the RIBA for the nomination of an adjudicator/appointment of an arbitrator. In the absence of such a provision, then the parties can agree on a form of dispute resolution and enter the process by consent.

Please note that the RIBA is the nominating body and our role is to nominate/appoint an expert to hear the dispute. Once this has occurred, the RIBA plays no further part in the Dispute Resolution process and all queries from that point should be addressed to the nominated expert. You would need to seek your own independent expert advice to ascertain what options are available to you/would be most suitable as the RIBA is not able to give advice.

More information on the dispute resolution service can be found here: https://www.architecture.com/knowledge-and-resources/resources-landing-page/dispute-resolution.

If you would like any further information on the nomination/appointment process regarding any specific form of Dispute Resolution, please let us know and we would be happy to assist"

So we now have the option of losing another £300 for poor and unprofessional services.

As I said earlier you need an expert professional opinion. Currently you say the services were "poor and unprofessional" but your architect clearly feels otherwise. If it ends up in court you will have to convince a judge "on the balance of probabilities" that you are right and the architect is at fault. You will struggle do that against a qualified and regulated professional without an expert opinion in your favour.

No professional body awards compensation. Their function is to assess fitness to practice and to protect the wider public. This is true for doctors, dentists, vets etc etc.

Architects are similar, as I understand it, in that you cannot legally call yourself an architect in the UK unless you are a qualified member of the RIBA.

However, it is a bit different from the above professions in that you can still legally provide many of the services usually done by architects without being one, but that is another matter.

discontent64

Undervalued said:

However, it is a bit different from the above professions in that you can still legally provide many of the services usually done by architects without being one, but that is another matter.

Thanks for this but your comments re services carried out by someone who is not an architect - just to muddy the water the architect withdrew from the project and a co-director designated "architectural technician" has been handling it for the last 13 months, STILL the same bad service and false reassurances (eg it will be ready soon).  What redress will we have against him?  
All we want is for our project to be completed and to go for planning permission and listed building consent.  Nearly all of the work was done by end 2019, why are they taking over a year to do this?

davidmcn

discontent64 said:

Undervalued said:

However, it is a bit different from the above professions in that you can still legally provide many of the services usually done by architects without being one, but that is another matter.

the architect withdrew from the project and a co-director designated "architectural technician" has been handling it for the last 13 months, STILL the same bad service and false reassurances (eg it will be ready soon).  What redress will we have against him?  

From a different organisation? Or the same one? Your rights are against the firm, not the individuals who happen to be doing the work from day to day.

discontent64

Same firm, but not an architect.  RIBA only act against architects (if and when they get their £300!).  The firm is not registered with RIBA, but the original architect was.  Just so frustrated that this has taken nearly 4 years.