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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hi, we are having a large extension built with a pitched roof. The

Resolved Question:

Hi, we are having a large extension built with a pitched roof.
The Builder has built to 6.7m height. They claim that the Architects told them in a call that it would be fine.
I checked separately with the Architects who say the allowable height is 6.4m with 50mm tolerance. They deny claiming another height with the Builders.
We have a Contract with the Builders not the Architect.
The Builders claim that we have to pay if we want the Trusses re-done. Shouldn't they pay?
Many thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. Yes, the builder is liable as they have not followed the plans. Even if the architects did have that discussion, the builders have no right to take instructions from the architect as he is nt their client, you are, unless you gave them authority to accept instructions from the architect.
Customer:

Great, thanks. We did not give them The Builder claims that they have built the extension to the correct height. How do we cover ourselves if we want them to confirm in writing that this is built to plan? If later on after the building is complete, Planning claim that it's off spec would it be us or the Builder that is then liable for the cost to correct this? Many thanks

Customer:

*we did not give them authority to call the Architect

wingrovebuyer : Thanks. I think it would be best to check with the planning officers now, so that if there is a problem it is easier and cheaper to put right at this stage. If the planners say it's not fine and they want the height reduced, your builder is liable to do this at their own cost. They have messed up and have no authority from you to speak with or take instructions from the architect, with whom they have no legal relationship.
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