Architect issue with extension drawings

kasworld wrote: »

Hi fezster - That is exactly the way I am feeling. He certainly did not fill me with much confidence going forward with him as he broke that trust.

It is your choice, but to re-iterate my point you are arguing over £100. If you feel strongly over this simply be business like, get firm, and refuse to pay it. Dead easy and see what happens.

However there is a flip side. You have engaged this person so it is a bit late to say you are unhappy with them. You have entertained them twice at your home, and you have progressed past the survey stage - by your own admission the work has been measured up.

To say the person has done nothing is absurd - there has been a simple survey. To say the person has not incurred any costs is absurd - there has been two visits. To say you have designed, or conceived the extension is also absurd - had you done so you would have your own drawings.

All this means if you cancel the agreement it is reasonable to expect an invoice.

fezster wrote: »

I don't disagree with what you are saying Furts, but having been in a similar predicament myself, the question you sometimes have to ask yourself is if someone is being unethical and trying to take advantage of you, is it then unfair to treat them in the same manner. I'm not necessarily referring to the OP's architect, but just as a matter of principle, sometimes people who behave in this manner need to be made to realise their actions are not always without consequence.

In the real world, in the absence of proof of any contract and with the amount of money being discussed making court action unlikely, I'd be making this a lesson to be learned by said architect. I'd also not want to proceed with his services given his dishonesty as I wouldn't feel comfortable working with such a person.

There are architectural types who are rogues - one exists not too far from my home! However we only have one side of the story. This person may be fairly genuine and we do not know how the £100 has arisen. However the stance of OP is also puzzling. Here one would say something along the lines of ... "I engaged you in writing, here is the copy, here are the terms I set, here is your confirmation, this is what was agreed..." Then "your invoice is £100 over what was agreed so I am not paying the £100. However if you can provide me with a valid reason for this in writing then I will pay it. However I am making it clear there will be no more unforeseen extra charges payable by me" Simple, job done and move on. So why are we not at this stage?

Going back to the first post OP may have made a typo. But if not then it is clear OP cannot tell a quote from an estimate. I raised this query earlier but OP has not responded to this. This is concerning and it is also a balanced approach - but integrity is also important. The architectural person should have integrity.

Equally I sense OP has not been business like, professional, and logical in their dealings with the matter. I have made observations and also used the word absurd various times.

So neither party comes out of this as squeaky clean.

OP gives no consideration to what work, and costs, the architectural person has incurred. Visits cost money - there is no such thing as a free lunch.

Added to this it is possible OP lives in a smallish community - cancel number one and one might then find the subsequent competitors have weighed up the situation and are either unavailable or now more expensive.

I would advise anyone to ensure their architect is an Architect. As an architect we have to have an agreement in writing clearly stating a number of things including fee and brief. I also have never asked for a deposit!

I would agree a £100 isn't much, especially considering you may need to add a 0 on that to change to an architect. However as a matter of principle and signs of things to come I think you would be wise to terminate his services. He would be within his right to charge you but he would struggle to justify it if he hasnt got an agreement!

teneighty wrote: »

Just to clarify there are plenty of architectural designers who are members of other institutions that are regulated to abide by professional standards and require written instructions, professional indemnity insurance etc.

I'm not sure your final point is correct. I cannot remember the legal term but the OP has agreed the designers quote and terms by allowing them in to their home to undertake the measured survey. It is something like acceptance by actions, the OP and the designer undertook specific actions as if they had a contractual relationship, therefore a contract exists. Just saying they didn't sign anything is not enough.

The three elements of a contract is offer+acceptance+consideration. The reason why I said he would struggle is because of the consideration part. It doesnt seem clear that he has set out a breakdown of his fees. Therefore it wouldnt be clear what both parties have agreed to or what the 40% deposit is exactly for.