Architect has taken us for a ride.

[Aaron_C]

When renovations become structural renovations it gets extremely costly as Dazz pointed out. Not sure how you can get a refund unless the architect was negligent though - he can just say he relied on the builder he talked to at the beginning for a rough estimation and that's that.

 

[Melbournian]

i have come across architects that all they do is pinch figures from the sky.

Couple of mates who are architects when we go around - they frown when looking at some buildings and want to do this and that. End of the day - it's all great etc to have the latest cutting edge design however if it blows the budget. it ain't worth it. Interior designers are the worst - they just go hey let's go and spend $1000 on a toilet or a tap or $2000 on my sofa chair. Half of them don't realize that the tap only costs maybe $15 and to produce the chair maybe only $200. Only cocky and feel that their design is the best that they want to charge 20K for a apartment design. jokers.

 

[RPI]

What you are talking about is a contract law issue. Could possibly be trade practices based also depending on the entity of the owner of the land.

You engaged the architect on the basis of him being able to design inside you budget. The fact that you arranged a builder, he recommended, who confirmed that it should be in budget helps your case.

But, what sort of documentary evidence have you got, communications, something in writing from that builder etc. All that helps.

The Architect is not going to like giving you back your $23K straight up as that is going to hurt their hip pocket. You could try writing to the Architect explaining that you feel that you were mislead at the $7k stage and would not have progressed past that stage had he not assured you that it would come in under budget etc. You could then offer him some suggestions as to how you resolve this problem, ie he draws new plans for you that do come in on budget, or he refunds the $23k or he offers you a payment plan eg $560 straight up and 51x weekly Eft transfers of $440, or say that if he can think of anything else to resolve this situation then you are open to discussion about. If you can do so in an non-threatening way at 1st instance and one that appears less work to him than defending a legal case (even though his PI ins will cover it, it will still cost him his hourly rate times how many hours he has to spend on the case, which may be more than the cost to settle it) you might get somewhere without having to initiate legal action.

Best idea though is to get all your docs together and go see a lawyer, they will be able to advise your chances and your costs.

 

[Luke Benett]

I would like to thank everyone who has taken the time to respond to my thread. I am astounded at the number of people who have had a negative experience such as myself with architects.
Some of the advice given has been great and gives me something to work with and not just to accept the loss and move on.
Architects need to be held more accountable, instead of just pointing the finger back at the builders and wiping their hands clean of any wrongdoing.
There's no doubt there are honest and trustworthy architects out there and like with any trade, there is that small few who tarnish the reputation of many.
At this stage, I don't want to go into too much detail with my situation but with some of the great suggestions received so far from many of you, I will surely keep you posted on my progress.

Regards
Luke

 

[Aaron Sice]

this isn't $30k over budget - it's $300k over budget.

he's clearly taken ignorant liberty with your design.

i'd be demanding a full re-design within your projected budget, a refund on the amount paid all contained within a little "intention to commence civil proceedings" letter.

 

[Aaron Sice]

Builders / architects and literally all trades who delve into the renovations arena apply a huge mark-up for the "unknown" factor of retro-fitting to an existing place, especially when a 2nd storey is involved.

My only suggestion would be, put a bulldozer through the existing house, go straight to a builder who does 2 storey cookie cutter homes and chop out the architect altogether.

For your 700K budget, you can certainly get many builders who will build you a very nice brand spanking 2 storey home....probably with more features and better fittings than what you are attempting to modify now.

.....and Dazz speaks from experience here - i'd listen.

 

[tom32]

Im sure you can sue them for the damages, all Architects must have professional indemnity insurance, and they should be liable for the mistakes, just like i am when something goes wrong.

Veseli, I am afraid that an architect is completing a prof service. He has only limited liability except around negligence, unless he was engaged for a full design and construct outcome which in this case it appears he hasn't.

Believe it or not builders / contractors have in many cases a higher burden of liability than architects, engineers and other professionals.

 

[Norbulinka]

Hello Norbulinka

Welcome to the Forum

Perhaps you can detail for us how we go about lodging a complaint and making a claim for part or full refund of fees?

If you are a registered architect - as both the architects I paid were and are, you would have knowledge of the complaint process

It would be helpful to have an architect who has done no wrong (you) to be able to provide some information on this process

I was raised to 'turn the other cheek' and I firmly believe that the best revenge is success.

However, these two architects, both of at least 25 years experience, who each told us how experienced they are, simply took us for a ride happily issuing invoices and taking no design or costing responsibility whatsoever

For this lack of responsibility I want them to be held accountable. It is not enough for them to sidestep professional responsibility by making out that 'they just did what the client wanted'. The client has sought a suitably qualified professional person of whom to ask professional advice, and that advise would certainly include pricing guidelines

Ten years ago, we sold a prime block of land because of the architect. Fees at that time came to more than $10,000 and - wait for it - he designed a house with a swimming pool cantilevered out through the living room (we would have had a bridge to cross the pool) and he suggested asking the neighbour for a 'right of way' driveway as our block would have been too cramped for him to fit a driveway in.

He totally ignored our clearly stated budget but again, it all took so long and was such an unhappy and costly process that we ended up selling the block in despair.

Are these the actions of 'professional' people? Of ‘responsible’ people? Not in my definition of professional and responsible

No body wants to be a whinger, but sometimes people just should be asked to explain their actions.

So your information on how to go about making a complaint about an architect would be welcome

Regards
Kristine

What was the architects reason when you questioned them about the huge over budget?

Hi Kristine,
If you want to follow this up, check out the architects registration board in your state, or if they are a member of a professional body like the Australian Institute of Architects, you can also try seeking advice from them.
As a rule of thumb, the brief is golden. you must clearly define your brief. If the designer doesn't come up with a design that reflects your brief you should instuct them to continue until they do...at the price that was mentioned before the whole process began. Its all about the brief. Design is a tricky one to get right, dont give up on it, it can deliver very rewarding outcomes.

 

[lizzie]

Builders / architects and literally all trades who delve into the renovations arena apply a huge mark-up for the "unknown" factor of retro-fitting to an existing place, especially when a 2nd storey is involved.

Which is exactly why my two builders of choice refuse to quote for a reno ... but rather advise their hourly price.

I know both their work ethics, know they are hard workers and spend every minute actually "working" rather than standing around having a "think" so I don't mind this method.

 

[evand]

Hourly rate is fine as long as you have a limit on the total amount. Hourly rate left open ended is a recipe for disaster.

Which is exactly why my two builders of choice refuse to quote for a reno ... but rather advise their hourly price.

I know both their work ethics, know they are hard workers and spend every minute actually "working" rather than standing around having a "think" so I don't mind this method.