Architect problem

[KelvinS]

Hopefully someone will be able to give me some guidance.

We are hoping to have an extension put onto our semi, essentially a side return, but with additional width to the garden wall. We appointed a RIBA architect over a year ago and got planning permission last September.

We are now wanting to move forward with the detail design and asked the architect to move onto the next stage, but they wanted to change the commercial terms of the agreement we have. We agreed a contract at the start of the project to have a percentage basis above £75k - fixed below. They have so far guessed that the all in cost would be c. £125k pre VAT and have invoiced the early stages at 10.5% of this.

Part of the reason we were wanted to move forward was that building costs are starting to come down and therefore it would be likely that it would be cheaper now. The architects insisted that they would only move forward if we fixed the fee at the 10.5% of the £125K - regardless of what the end cost comes in at and also pay upfront as per the fixed fee agreements (for under £75k). We said we'd rather stick with the agreement we have as it wouldn't make sense to fixed at last years building costs today.

As of this afternoon, they have now terminated he agreement and are not willing to progress any further.

I'd like to know if anyone else has had these issues? It seems they believe that building rates are/have fallen sharply against last year and are therefore trying to escape the commercial agreement they are in, plus they may already owe us money as the first part of the contract is on a percentage basis and that has already been completed and paid.

Can anyone help/speculate?

Thanks

Kelvin

Also - if anyone knows what docs I need from them to give to another architect, that would be really useful

 

[^woody^]

If you had a contract, then you had a contract, and one party can not unilaterally pull out of it unless there is agreement to do so, or the contract allows it.

If they are in breach of contract then you can sue for your damages and costs in appointing others to do the work.

You will be entitled to receive from your Architects all work which they have done to date and which you have paid for - plans, designs, forms, specifications etc - and ask for the CAD files if they used CAD. But there may be some copyright issues if their design is unique

Send them a recorded delivery letter stating that you demand that they perform their part of the contract as agreed. If they don't then you will recover your losses via the courts and make a complaint to the RIBA.

Alternatively, offer them the opportunity to buy themselves out of the contract and negotiate a sum which will cover your losses, fees paid to date for work not complete, and costs in appointing another Architect in the future. Also ask for copyright waivers as necessary

The problem now, is that your relationship has broken down and it would be best to be rid of them.

It is important that you are firm with them and don't let them intimidate you. And hint of professional negligence claims and this may get their attention

But check your contract first

 

[Shytalkz]

There they go, building castles in the sky again...

Not sure there's a PI angle there, though Woodster: how have they been negligent? Complaint to RIBA would hold more stock, I would have thought.

 

[^woody^]

Negligence in terms of not administrating the contract properly, and not following the agreed terms which will/has caused a loss to the client

 

[Shytalkz]

Yeh, see that with hindsight; fair comment.

 

[KelvinS]

Thanks for the help.

I've spoken to a couple of other architects today and whilst they were keen/able to take forward, unless I can get the autocad files, there seems likely to be a lot of rework. What's the likelihood of the architect releasing the autocad files without legal proceedings?

RIBA have offered an arbitration service.