We are moving to a brand new apartment building next year. We hired an architect to plan out the walls, rooms, bathrooms, etc. So the builders already put in all the walls, but it turns out that the architect did a terrible job. For example, we were supposed to have a bathtub in our bathroom but there is only a bit over a yard designated for it... Only a small child would be able to fit into a bathtub that size. And thats not the only problem, the bedroom is also so small that a bed will barely fit.
Is there any legal foundation for us to get our money back or to make him pay for fixing everything (if its even possible at this point)?
Architect did a bad job planning the apartment, is there any way to get our money back or make him pay for fixing it?
2014-10-20 11:45 am
回答 (6)
2014-10-20 11:57 am
No. It was your responsibility to study the plans, to make sure they suited you. If you try to sue, the architect will simply claim that you approved his plans.
2014-10-20 1:10 pm
No recourse, if you didn't review the plans, it's too late now.
2014-10-20 3:40 pm
Did you approve the plans before construction began?
Most likely you have no recourse against the architect since it was your responsibility to be sure everything was to your satisfaction and that you were communicating with the GC during the course of construction.
Most likely you have no recourse against the architect since it was your responsibility to be sure everything was to your satisfaction and that you were communicating with the GC during the course of construction.
2014-10-20 3:22 pm
You probably approved the plans before construction commenced but if the rooms are as small as you say, then the architect has some liability. As a professional he/she should know the minimum amount of space need for a bath tub. The builder should have noticed the bathroom size too. Before you lawyer up talk to them.
2014-10-20 12:09 pm
if you were shown the plans ahead, you probably couldn't convince any one to go against the architect
2014-10-20 7:29 pm
Yes. Although you may have approved the plans, the architect has a professional duty of care to do the job properly to begin with. Your approval is more about layout and appearance; as an untrained person you're not expected to be able to even understand plans let alone be aware of the minimum sizes required to install things and meet building codes.
The builder can similarly be expected to bear some of the responsibility, although will try and claim that they were only working to the plans provided.
How the blame and liability gets apportioned is a matter for lawyers, so now that you're aware of major problems you must order all work to be halted immediately in the affected areas as you're responsible for ensuring that the costs of any remedial work do not now escalate.
It's going to be messy and likely to be expensive, and legal action won't be without risk, but your lawyer will be able to give honest advice as to the strength of your claim, the likely costs, and the timeframe and you can then make an informed decision as to how to progress.
It's important to try and remain calm and businesslike about this, as you'll do far better if you don't burn your bridges with the architect and builder. If they're both professionals, then they'll have liability insurance to cover them when they do make the inevitable occasional mistakes.
The builder can similarly be expected to bear some of the responsibility, although will try and claim that they were only working to the plans provided.
How the blame and liability gets apportioned is a matter for lawyers, so now that you're aware of major problems you must order all work to be halted immediately in the affected areas as you're responsible for ensuring that the costs of any remedial work do not now escalate.
It's going to be messy and likely to be expensive, and legal action won't be without risk, but your lawyer will be able to give honest advice as to the strength of your claim, the likely costs, and the timeframe and you can then make an informed decision as to how to progress.
It's important to try and remain calm and businesslike about this, as you'll do far better if you don't burn your bridges with the architect and builder. If they're both professionals, then they'll have liability insurance to cover them when they do make the inevitable occasional mistakes.
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