Negligence claim against an Architect, where to start?
Discussion
Hi All,
Unfortunately I'm now in the situation where a demolition order that had been issued by our local council, which we then appealed against, has now been upheld by the planning inspectorate at appeal and our building needs to be demolished within 12 months.
To cut a very long story short, it seems like the architect drawings were incorrect and as such, it was built longer and higher than the planning permission given.
Where would I start on claiming against the architect? I assume his professional indemnity insurance should cover this?
Do I contact him 1st to get his insurance details, or contact a specialist solicitor to deal with it all?
Any recommendations for solictors who are experienced in this area?
Thanks!
Unfortunately I'm now in the situation where a demolition order that had been issued by our local council, which we then appealed against, has now been upheld by the planning inspectorate at appeal and our building needs to be demolished within 12 months.
To cut a very long story short, it seems like the architect drawings were incorrect and as such, it was built longer and higher than the planning permission given.
Where would I start on claiming against the architect? I assume his professional indemnity insurance should cover this?
Do I contact him 1st to get his insurance details, or contact a specialist solicitor to deal with it all?
Any recommendations for solictors who are experienced in this area?
Thanks!
Edited by PoorCarCollector on Tuesday 7th January 09:05
rdjohn said:
It may be irrelevant, but did the LPA approve the dimensioned plans submitted by the Architect?
What has been the Architect’s response been to date when you raised this issue with him?
This is my question, the plans and elevations get submitted to planning for approval and comment, once approved, that’s what you build?What has been the Architect’s response been to date when you raised this issue with him?
Did a new set of plans get done without going back for a planning amendment?
GasEngineer said:
rdjohn said:
What has been the Architect’s response been to date when you raised this issue with him?
OP didn't mention raising the issue with the architect. Do you know something we don't?GasEngineer said:
rdjohn said:
What has been the Architect’s response been to date when you raised this issue with him?
OP didn't mention raising the issue with the architect. Do you know something we don't?Thanks so far all, yes, the architect has known about the issue and he felt we'd win at appeal, which very sadly we haven't.
The approved plans had no dimensions(!) (scale drawings) and there was an error on the approved plans which compounded the issues.
It's a timber frame building and an independent survey instructed by the council confirmed the dimensional errors on the building, as constructed were larger than those approved.
The building has been built to the architects plans that the builder was given.
It's been a very frustatingly long process (over 4 years) and trusting 'experts' that it'll all be fine, when now it's not.....
If anyone has had a similar issue and can recommend a good solictor etc let me know!
The approved plans had no dimensions(!) (scale drawings) and there was an error on the approved plans which compounded the issues.
It's a timber frame building and an independent survey instructed by the council confirmed the dimensional errors on the building, as constructed were larger than those approved.
The building has been built to the architects plans that the builder was given.
It's been a very frustatingly long process (over 4 years) and trusting 'experts' that it'll all be fine, when now it's not.....
If anyone has had a similar issue and can recommend a good solictor etc let me know!
Edited by PoorCarCollector on Tuesday 7th January 10:09
Sounds a dreadful situation but I always wonder why no one measures anything in these situations (and how the approved plans end up not being the source of truth when it comes to the construction phase) and actually what is the tolerance in terms of deviating from the approved plans? 1" or one foot?
I think you need to give much more information to gain any meaningful advice. You say the approved plans had no dimensions, but the approved plans will have at a scale which anyone with a scale rule can measure. So if these approved plans were passed to the builder, how did the building then end up much larger? What was the error that compounded the issue?
If you’ve exhausted all the planning appeal options then it’s time to look at culpability.
You’ve used the word “error” a couple of times and if the drawings put in for initial PP didn’t have scales/dimensions then that is an oversight (though I’m surprised it wasn’t picked up by the Planning department and rejected).
If the builder built what was in the plans then he’s in the clear.
So it looks like you need to go after the architect. I’d raise it with him and ask for a clear response within 14 days what his position is.
If you don’t get immediate satisfaction from that, I’d be engaging a solicitor. Is the architect a firm of moderate size, or a one man band operating as a ltd company? If the latter, stand by for voluntary liquidation…
You may want to start the process now of finding a suitable solicitor; I’d expect the architect to try to duck the issue, the modern world being what it is.
Nightmare. You have my sympathy.
You’ve used the word “error” a couple of times and if the drawings put in for initial PP didn’t have scales/dimensions then that is an oversight (though I’m surprised it wasn’t picked up by the Planning department and rejected).
If the builder built what was in the plans then he’s in the clear.
So it looks like you need to go after the architect. I’d raise it with him and ask for a clear response within 14 days what his position is.
If you don’t get immediate satisfaction from that, I’d be engaging a solicitor. Is the architect a firm of moderate size, or a one man band operating as a ltd company? If the latter, stand by for voluntary liquidation…
You may want to start the process now of finding a suitable solicitor; I’d expect the architect to try to duck the issue, the modern world being what it is.
Nightmare. You have my sympathy.
This will be one of those threads where there is never enough details given, or so many unanswered questions, that it is impossible to actually give any help.
There is no way submitted plans will be have been approved without being drawn to a defined scale, which means all dimensions are measurable. I guess there could be a claim against the architect if there was a mistake in the drawings but it won't have been the architect that built it incorrectly. The bigger claim will be against whomever didn't build in accordance with the approved drawings.
There is no way submitted plans will be have been approved without being drawn to a defined scale, which means all dimensions are measurable. I guess there could be a claim against the architect if there was a mistake in the drawings but it won't have been the architect that built it incorrectly. The bigger claim will be against whomever didn't build in accordance with the approved drawings.
PoorCarCollector said:
Thanks, yes, i fully appreciate that, hence asking for a recommendations for a solictor or specialist to speak to
What would your claim against the architect be? You said that "it seems like the architect drawings were incorrect and as such, it was built longer and higher than the planning permission given." The drawings will be to scale, the architect didn't build it. You might have an issue that they didn't draw what you wanted but your bigger issue is with whomever built larger than was approved. That wasn't the architect and is possibly you, depending on how you instructed your builder.How on earth did was planning given without measurements, are you absolutely certain of this?
What was submitted, go check this thoroughly, the planners believe they've approved something and what you built isn't that, how have they made that assumption, based on what?
Any architect should have insurance for such things I would have expected, however, what did they submit, what did it state, what was built.
Scale drawings, elevations and measurements are the key to any planning I've ever submitted, not that I've done many!
What was submitted, go check this thoroughly, the planners believe they've approved something and what you built isn't that, how have they made that assumption, based on what?
Any architect should have insurance for such things I would have expected, however, what did they submit, what did it state, what was built.
Scale drawings, elevations and measurements are the key to any planning I've ever submitted, not that I've done many!
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