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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6437
Experience:  Solicitor
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My builder recommended an architect who they had used on

Customer Question

My builder recommended an architect who they had used on several occasions to provide drawings for building regulations along with calculations for an RSJ for an extension he was working on for us. We then instructed the architect and he provided the steel calculation requested. When it came to ordering the RSJ our builder contacted the architect directly and asked him to recalculate the RSJ based on it being split into 3 sections, which he then did and gave the calculation directly to the builder and this steel was made. It has now come to light that the most recent calculation was incorrect and damage has been caused to our house. The architect says that his contract for the failed beam was with the builders as they requested he do the calculation, even though no money was exchanged, and therefore he wants to deal with the builders. The builders say even though they requested the calculation, this was merely an extension of our contract and say we need to get the money from the architect and then pay them and won't deal with the architect. Could you please let me know who the contract was with for the new RSJ?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Who instructed the architect?

Customer: replied 1 year ago.
Hi. We did.
Customer: replied 1 year ago.
The issue is that the architect says that when the builder asked for him directly to do a new RSJ calculation his contract was then with the builder and he was effectively working for the builder as a contractor. He says that the obligations of his contract with us were fulfilled upon the production of the original calculation and as we didn't request anything else, or pay for anything else from him, that is where our contract with him ended. I can see his point as the new calculation was instructed by the builder solely to make his work easier in getting the RSJ in place (cut into smaller pieces rather than a single beam) and was of no benefit to us. Hope this helps.
Expert:  Jamie-Law replied 1 year ago.

Would the architect ever been paid by anyone?

Customer: replied 1 year ago.
We paid him for the initial RSJ calculation (it was a single fee for building control drawings, foundation and RSJ calculations.) The builder did not pay him anything as the architect said he had done it as a favour to the builder as they have a relationship built having worked on many projects previously together.
Customer: replied 1 year ago.
Oh, and the architect was paid by the builder for additional foundation calculations that were required.
Expert:  Jamie-Law replied 1 year ago.

But you instructed him originally and it was just a re-calculation, is that right?

Customer: replied 1 year ago.
Expert:  Jamie-Law replied 1 year ago.

Ok - then he is liable to you. This is part of the original contract. It is not to do with the builder.

The architect is liable and it would be against him for the new RSJ.

If you have to issue proceedings, you can do it against both. That way you are covered and it does not cost you any more to sue 2 people.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 1 year ago.

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