Architect Governance

18 years ago

I hired an architect in January 2008 to design an addition to a single level ranch. The architect is an AIA member and we used an AIA Document B151-1997 Abbreviated Agreement Form which follows a 4 step process Schematic, Design, Construction Documents, and Bid/Negotiation for our contract. At the beginning of the process we set a budget range which the architect considered very much within reach and I had a very good idea of materials, finishes, etc. (I could literally provide a list as to what my material cost would be). The architect also sells modular homes/additions so we also discussed the possibility of going the modular route vs. stick build if it was cost effective. We were at the end of step 2 going into the Construction Document step and a decission needed to be made as to to us doing this in a stick or modular fashion, apparently it would change the construction documents. Our architect provided a spreadsheet breaking down the cost if done in a modular fashion which came in near double what we set as a budget and what he said he could do it for ($85 sq. vs. $147 sq.). So I asked him to provide the construction documents as if I was going to stick build and I would take a phased approach to my addition. At this point my architect refuses to provide sealed plans as he wants me to sign-off that he is not responsibile for any changes or completing step 4 of the contract.

I would like to find if there is someone other than a lawyer I can discuss this item with as I think there are several issues. a) maybe there is a conflict between being an architect and selling modular homes/additions and b) he is refusing to fullfil his contractual obligations.

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Comments (7)

mightyanvil
18 years ago
I would think it is a conflict of interest for an architect to sign a professional services contract and then make an offer to you to provide the building system in competition with other contractors.

I'm not sure what it is that he is refusing to do or why.
home_owner
Original Author
18 years ago
I agree there is a conflict but wanted to see if there was someplace/someone I can go to that has some sort of authority other than the court system.
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mightyanvil
18 years ago
I might be able to advise you if I knew what the issue was. Are the drawings complete? Do you really need his stamp on them to build it?

What do you mean by, "sign-off that he is not responsibile for any changes or completing step 4 of the contract." Why would he be responsible for changes that you initiate? Does he want to remove construction phase services from his contract?

Be sure that you fully understand the disagreement before you contact a lawyer because then you will be paying your lawyer to write letters to his lawyer and nothing is likely to be resolved in either party's favor.
mightyanvil
18 years ago
The state attorney general's office might be interested if consumer fraud was involved. The AIA might be interested if the architect cut another member out of a fee. The state registration board might be interested if the architect misrepresented his professional capacity.

Contract disputes must be resolved by the parties or by a court.
home_owner
Original Author
18 years ago
Interesting I had talked to the architect and he wants to have a sit down meeting to discuss. He is backing away from the push the modular and suggesting stick building. Some items we will look at are the budget and why it came in so high.
home_owner
Original Author
17 years ago
Here we are 2 months later and the same thing. I have no house plans. I am considering legal action and want to find out what type of attorney deals with architect disputes.
mightyanvil
17 years ago
I'm not following any of your discussion. The architectural service phases you describe are not the ones I see in the B151 and it should also call for arbitration or mediation for dispute resolution.

The architect must have given you an explanation for his refusal to complete the services he agreed to and that explanation should have been in writing. What is it?