Architect mistake

[bokkie]

Hi all

We are into the second day of our extension being built, and already having problems.

The architect did not allow for the skeelings, so looks like we have to get a special joint made up which will take 3 weeks to be done.

This is going to cost extra, as well as put the whole project behind, making the builders run into time allocated for other jobs.

Short question, can I hold the architect liable and make a claim?
we paid them so that we could be certain everything went smoothly, but they messed up.

Any ideas?

Thanks

 

[securespark]

I would say so.

What does it say in the contract?

 

[blightymam]

They are slippery buggers but think you have every right to make a claim. Good luck, sounds a headache for sure.

 

[bokkie]

I'll have to dig up the contract, but a pretty basic mistake surely. Looks like we need a massive joint coming down from the existing outside wall to well below skeeling height. So not only a long wait, but will look pretty ugly.
Would never have agreed to this if we knew about it beforehand.
Any idea how we go about claiming?

 

[^woody^]

What's a skeeling?

And why should it require a special joint to be made that takes three weeks?

 

[^woody^]

For claiming, the builder quantifies his losses and makes a claim against you. These must be actual losses, not guesses or future estimates of what might be lost.

You then either agree or negotiate these in accordance with your contact with the builder.

If you then incur losses, you do likewise and make your claim to the Architect, in accordance with your contact with him. If the contract is silent on claims, then you follow the dispute resolution clauses in the contract, or make a civil claim.

Of course you can try and negotiate all this and resolve it informally beforehand.