Recovering money from an architect

Manxman_in_exile

Always agree or negotiate a time for delivery of services at the outset - it puts you in a much stronger position if they delay.

In your communications with the architect to date, have you given him a deadline (eg end of October) or told him that time is of the essence?  I'm not so much bothered if he has responded to that or not - but have you clearly given him a deadline and told him you want your money back if he doesn't meet it, or have you just said "When will they be delivered?"

It's just that to me, having to wait two months (if you did not agree a timescale) isn't necessarily unreasonable - especially if you haven't given him a deadline.  Of course others - including a court - may disagree, but I'd be happier if you'd clearly given a deadline.

darrend2812

@Manxman_in_exile - I have mentioned in my last text to him that we want to start the process as soon as possible. I belive that no correspondence is utterly unacceptable with my constantly chasing. Despite no actual time frame written formally, surely saying they were going to deliver on multiple occasions and failed to is enough to win the claim in my favour? 

Manxman_in_exile

You have not given him a date then?

Yes - I agree that it is unacceptable that he doesn't reply to you, but that doesn't mean that you would automatically win a claim against him or be in a position currently to cancel the contract.

The law generally says that, unless you have otherwise agreed a date for delivery, the provider of a service must deliver it within a reasonable timeframe.  If they don't do so they are probably in breach of contract.  The difficulty I see is that you only engaged the architect just two months ago (you seem to be unable to give a precise date other than "August 2021") and you don't seem to have agreed a date or deadline with him for delivery of the plans.  I'm not at all convinced that a court would necessarily consider two months an unreasonable time to wait for the plans to be drawn up and delivered - especially if you have not made it perfectly clear to him that you require the plans no later than - whenever.

There's no point in you constantly chasing him unless you give him a deadline!

email him and tell him that the plans must be delivered no later than 31 October and that if he doesn't do so you will consider him in breach of contract and you want your monies refunded.  If you don't have the plans by 31 October send him a Letter Before Claim and give him 14 days to return your money.

But I'm not a lawyer and I don't give legal advice.  Others may well disagree with me.  See what other advice is offered here and make your own mmind up.