If who exactly made the error is not clear-cut the responsibility may be shared by some combination of the architect, contractor, and owner. In your case the architect made the mistake and should cover cost or remaking the beam.

@krissie55 I can’t see that I did anything. I would have no knowledge what materiel or width the beam should be. And my contractor followed exactly what was written in the architect’s plans.

So before I put this is writing I wanted some thoughts. Thank you for your fast response.

Is your contractor the general contractor or are you subbing out all the trades and acting as your own GC? Typically the GC would verify the drawings, dimensions and locations before product is ordered.

In my opinion the architect is 100% responsible.

An architect must produce two sets of construction drawings that specify every detail of their final design. One set of plans is called the construction set, and it remains on-site throughout the construction process. They guide the actual construction administration, usually under the direction of a general contractor.

The other set of drawings is called the permit set, and it goes to the local permitting authority, which is usually part of a city or county government. The permitting authority checks the drawings for safe adherence to building codes and zoning laws.

To ensure a safe, legal, and successful process, the builder closely follows the construction documents—from architectural plans to technical drawings to window schedules—all the way through final project delivery. In order to receive a certificate of occupancy from a permitting authority, the final building must match the submittals provided at the beginning of the project.

If the contractor/builder followed the specifications in the architect's construction set and it turns out to be incorrect than the architect should pay for any and all changes to needed to correct the issue and pass inspection.

I hate to rat on a fellow architect, but if your contractor was following drawings and specs that were issued by the architect as " for construction", it's the architect's problem. Maybe there's a less expensive way for the issue to be resolved, like modifying the beam that was purchased, but it would be up to the architect to design that resolution. It's why architects carry errors and omissions insurance, although this is probably less than their deductible.

Was the design of the beam by the architect or a consulting structural engineer?

Work things out with your architect. Convey all your concerns and ask them how this can be resolved. Many architects are reasonable and seek win/win solutions.

Errors and omissions should cover this.

The architect or perhaps his employer would be responsible for the entire cost of a design error and he is probably insured for such an error. All you need is the drawings and someone to verify that the beam is not adequate. That person could be the person you spoke with or an engineer but not another architect.

My only questions are:

• Why an engineer was not required to design such a long span beam?

• If the bean needs to be wider, can't you add an LVL on each side of it and add thru-bolts?

* Why isn't the architect offering a solution?

"And tells me the guy who gave us the plans wrote the beam size/materials wrong in the plan."

I'm confused about 'the guy'. Who is he? Does he work for the engineer? Sounds like it's his fault...whoever the guy is.

On the other hand----if the contractor made the beam off some "pencil-written-jotted-down-roughly on the plan" dimension, then he should be partly to blame too, I think.

Something as important as that should be well documented...checked, double checked and triple checked.

The contractor is doing my entire renovation. Everything except building the cabinets and cutting my stone. My contractor did do adjustments with the length of the beam once walls were all down. But the changes below would not be his expertise.

The original beam on the plans were (2) 2 x 8 LVL’s With a .5 inch steel plate

The new beam is: (2) 1.75 x 9.5 LVL’s with a 1 inch steel plate

As of now he agreed to 50% cost. But no clue why he’s claiming anyone else is responsible? For what?
My husband is figuring out how to reply.

There were two architects involved since the owner is the one whom we met three times, came here and took measurements. However after that all interaction was with someone else who worked there and handled the plans, processing, DOB approval and permits.

Now that we started, removed walls. The architect contacts me the day before the beam is being installed to tell me there was a discrepancy and error in the beam size. The man we worked with is no longer working there. And he claimed to contact him asking why numbers changed. However that has nothing to do with me. I did not make those numbers. If I new how to design the right load bearing beam for the load I would of never spent thousands on a structural architect to design, plan and send to the Department of Buildings.

Gotcha. Sounds like the architect needs to figure out the solution or pony up the $. Unless the contractor jumped the gun in ordering your beam? And ordered it without their approval?

None of this should be on you. Good luck tdesanti.

What is a "structural architect"?

I've designed a few buildings New York and I don't remember architects being able to design LVL beams, in fact, there are few states in the US where that is possible (Maine is one of them). And there is no such professional title as a "structural architect". Therefore, its almost certain that this beam was designed by an engineer.

The designer of the beam or his employer should pay for the additional cost of the new beam.

With a 1 inch steel plate, I am wondering what the LVL's are for?

I can't provide legal advice, but if you retained the architect and he/she sealed the plans with the incorrect beam size, I would hold them accountable. If they subcontracted the structural design to an engineer you can bet you paid for that plus a mark up. If an engineer is at fault, the architect can pursue reimbursement from the engineer, but that's their issue-- not yours.

You paid for professional services. A mistake was made. Credentialed professionals stand the cost to remedy their mistakes. Been there. Done that.

You are screwed. The AIA documents always assure that the architect is never to blame.

@Joseph Corlett, LLC,

I don't recall the OP noting an AIA contract was in effect for either design or construction. That said, would you please indicate the specific AIA contract document that insulates architects from design errors and omissions?

I have no response to the LVL question. Besides my google I don’t know what it means, In why that material. My contract signed does NOT state errors of omissions. Only additional amendment cost. From what I believe this is not an amendment since we never changed any design requested. I am under the impression amendment would entail we made changes that would then initiate a new plan. In this case we made no changes. He contacted me about the beam changes.

This was three weeks after getting our permit to begin. We even waited the three weeks because with the NY storm, the Christmas/New Years we waited till Jan 4th to begin. Then contractor did demo. Built beam after walls removed. Finally about to install made beam. And architect calls to tell us the sizes of steel and would on plan are wrong. 🤷‍♀️ My contractor and him have now been in contact. Received new beam specifications and now we wait again.

I’m also pissed since either way we paid for the other beam. Told my husband we should get it and hold into it. I get that he’s like “ and put it where?.. it takes a few men to even lift it”
Rationally I get it. But same time we paid thousands for it. Technically it’s hours. Why give it away. Ugh

If this is a sign of what to come.., still have plumbing and gas lines to move.. electrical to add, cabinets to be built. Fun times. Lol

Charles:

"Many times, owner-prepared agreements are unreasonably biased, favoring the owner to the architect’s or contractor’s detriment. Agreements prepared by architects and contractors can be equally self-serving."

Page 2-6.

What is the point of discussing standardized contracts if we don't even know what kind of contracts the OP had and with whom he had them? We don't even know if the "architect" is an architect or an engineer. You can be sure that the design of an LVL beam with a steel flitch plate requires an engineer in the state of NY. That engineer might have worked for the contractor or the owner or the owner's architect or the flitch plate provider.

So, the primary issue here is for whom the engineer of record was working. Its also important to know the true "additional" cost for the new beam.

Typical AIA standardized Owner-Contractor agreement forms name the owner's architect as the administrator of the contract. When the architect does not fulfill that role, the amount of modification needed makes the use of such contracts impractical. However, for projects over a certain size, states require an architect to monitor the work of the contractor. In MA there is no contractor license for large projects; an architect is required to provide "construction control" for the project. It is for such projects that the AIA documents are written.

There are AIA forms for small projects but they also name the architect as the administrator and are quite long. I've used them for 50 years with only one complaint from a contractor about an AIA Cost of the Work contract form but years later he told me he had used that contract form for all of his projects and it had made him a lot of money.

"It takes a few men to even lift it".

Wait'll you see the new beam, if it gets built per the description. The steel alone weighs 32 lbs. per foot of beam! I've not heard of a 1" plate in a built-up beam. I assume it has to be only 9 1/2" tall for height consideration, but why not a standard wide flange steel beam? It could be considerably lighter.

I’m also pissed since either way we paid for the other beam.

I understand having some level of frustration over this mistake, but is seems like you might be a little too obsessed with it.

How much is this mistaking going to cost? I'm guessing it is a tiny percentage compared to the total cost of the renovation.

Besides, the architect has already agreed to eat at least 50% of the cost.

You need to decide if this is the hill you wish to die on. Other things will come up that will require compromise from multiple people. You push back hard enough here and compromise very well may be gone down the road.

A 1" steel flitch plate is ridiculously inefficient. I suspect you misunderstood the specifications.

I can't imagine where a load bearing wall in a house would be located where it would be carrying a uniform load greater than 280 lbs/ft. and that could be spanned with three 9 1/2 LVL's which would only be 3/4" wider than what is now specified and could be installed one piece at a time by 2 people at a fraction of the cost.

The first thing to do is find out who is actually designing the beam and ask why it needs a steel plate.

And the only reason you would own the old beam is if you were responsible for the error and would be the case only if the beam designer was working for you. In that case you must pay for the new beam and then make a claim against the designer to recover your cost.

We can't help you because you haven't told us what we need to know about the parties involved.

I have no idea why such a big steel. This beam is literally covering half of my first floor. I have a second floor and a basement. The wall being removed is 18 ft of the first half. Then there is a stair case. Then a large living room that also had that wall removed by previous owners. My basement also had the entire wall removed. So basically besides a stair cases in the middle my basement and first floor will only have 4 outer walls. (No clue if that makes sense. Or has anything to do with the materials in the beam)

I appreciate everyone asking questions about the inches and materials, but unfortunately I can’t answer that.

My architect is a structural engineer. No outside party there.

He agreed to pay half. We are not pushing for more. He is admitting he made an error. We do not want to push further since I do need him to sign off on the job in the end. Glad he agreed to half, and my contractor agreed to the other portion. Therefore in the end at least my gut feeling of requesting they pay worked.

Thank you all.

I agree with the above statements that a 1" flitch plate is weird way to design a beam. Ask your engineer/architect if the beam you already have can be modified to work... possibly by adding another 1/2" plate or two

.

Btw, op, errors and omissions wouldn’t be in your contract. That’s the architect’s insurance that’s being referenced. Sort of like malpractice insurance.

"...My architect is a structural engineer. No outside party there..."

Ahhh...that makes sense., which is why I asked the question. And, if that's the case, actually you do not have an architect. You have an engineer.

I can't imagine a licensed engineer designing a beam for residential construction which includes a one-inch flitch plate. I think you may want to dig a little deeper about the design of the new beam.

Btw, op, errors and omissions wouldn’t be in your contract. That’s the architect’s insurance that’s being referenced. Sort of like malpractice insurance.

Unless, of course, the OP negotiated into the agreement. E&O or professional liability insurance is a requirement that I negotiate into all of my employer's construction or A&E contracts. I think most folks would not know to address this issue up front.

@Patrick. I knew to address it because of other contracts and my family works in construction/building fields that deal with architects and such. Mine usually does commercial but was one of the many I interviewed and recommended from the commercial firms I am familiar with.

I swear that he may have taken my job, calling it a “simple” job/wall removal. And with Covid any business was business. Just assuming but my thinking. But as I said typical all the work done is commercial buildings, schools, museums.