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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To think we should be compensated for this?

47 replies

ConkerGame · 23/07/2023 10:41

We hired a “professional” to do a design job for our house. He did the calculations completely wrong, meaning we have had to spend £20k on rebuilding part of the structure to fit the objects it was built to hold. When we complained to him, he said it was our fault for not checking his calculations and that we didn’t actually need to do the rebuild as it wasn’t a safety issue, so that was that as far as he was concerned and he certainly wouldn’t be giving us any compensation. We obviously followed up but he just repeated that he wasn’t at fault.

We looked into making a complaint to the architect regulatory body but it turned out we had mistakenly thought he was a qualified architect (his website says he’s an “architectural designer”) when actually he’s just done a design course, so he isn’t qualified or regulated at all.

Looking into it, it seems our only option is to take him to court but that costs money we don’t have (it would be thousands in court fees and lawyers). There’s a chance we’d get some of it back if we won, but we wouldn’t get all of it back and we don’t have it to start with to actually pay the initial fee. Also we can’t risk the chance of losing and being required to pay his legal fees!

So it seems like if you’re an ordinary person without huge sums available to take legal action, you can’t actually do anything when a tradesperson screws you over?!

AIBU to think there should be a way of being compensated in these circumstances?

OP posts:

Archeron · 23/07/2023 10:44

Did he have the full details of what the structure needed to hold? Also why did you need to rebuild? First you said it was to fit stuff in, but then you said it’s for safety reasons and it was debatable whether it needed doing?

Menopants · 23/07/2023 10:51

I doubt you would get anywhere with this. Architects have to.be insured (and qualified) designers are unregulated

nevynevster · 23/07/2023 10:56

How about small claims court ? You can do this without legal representation. There's a cap on how much you can claim but you haven't said how much you paid him just how much to sort out. Arguably had he done the decent job in the first place you'd have had to pay £20k anyway to do whatever it was you needed. So don't think you can claim that back.

But if you paid him say £3k fees that you could def claim back via small claims process.

ISeeARedDoorAndIWantToBreakIn · 23/07/2023 10:59

If he has professional negligence insurance or professional indemnity insurance, you can claim against that……but I’m betting that he didn’t show you his insurance documents before you paid him?

Jessbow · 23/07/2023 11:21

I'd imagine he designed/planned whateveritwas youasked his to design.

Maybe you should have checked that it fullfilled the purpose before you went ahead- how come it reached completion before you realised?

Createausername1970 · 23/07/2023 11:31

We were involved in a large home project a few years ago. When we got the plans we spent a lot of time going over them. We took a tape measure into the garden, physically measured out that space. I also did a lot of scale drawings on graph paper. I measured the items to go in there, cut out the scale replicas and played around with it. It was our responsibility to ensure that the suggested ideas met our needs. We made a few changes when the early plans weren't quite right. And the more we engaged and gave valid reasons why something wouldn't work, the architect then came back with other suggestions that we hadn't thought of. It was a two way process.

I suppose a question you may be asked if you decide to go to Court is how much of this checking did you do?

BrioNotBiro · 23/07/2023 12:10

It's easy to be wise after the event (sorry OP, not trying to be a smart arse, more as a warning to other people), but that's why you need to go to someone rigorously qualified - an architect or a chartered surveyor.

They have to have professional indemnity insurance so you can always sue if it all goes wrong and they have to do CPD to keep up to date. Any idiot can call themselves an 'architectural designer' 'surveyor' etc, it's not a protected title.

MrsPelligrinoPetrichor · 23/07/2023 12:13

Small claims court?

whirlyhead · 23/07/2023 12:18

Suing someone is very difficult. I’ve spent 2 years suing someone and even though we settled I still ended up paying my own legal fees (high 5 figures)

how much is the figure for? It would be very difficult to prove and would take a long time just to warn you.

Sadly suing someone is an expensive business - I have an acquaintance who successfully sued someone but the court ruled they (my friend) had to pay their own legal expenses which were over £100k.

CC4712 · 23/07/2023 12:27

I assume you chose him over an architect as the fees are SO much cheaper? Was that not a clue to check his qualifications? Does he have insurance of any sort? I too was going to suggest small claims.

OdeToBarney · 23/07/2023 12:31

You paid him to do a job. He did not do that job correctly. I wouldn't necessarily take it to court for the reasons you have mentioned, but I would investigate whether he has professional indemnity insurance. If you're just looking for his fees back, I'd send him a letter before claim (you can find templates online) and I bet he coughs up. I did this with an architect who then proceeded to give me his life story - I wasn't interested and just wanted my money back, which I got.

Original poster

ConkerGame · 23/07/2023 12:34

@whirlyhead yes exactly, that’s why this just isn’t an option for us. But really legal recourse should be open to everyone, not just the rich!

OP posts:

Dollydoo15 · 23/07/2023 12:35

Anyone who does design should have professional indemnity insurance. Ask him for details of his PI insurance or if you took a copy of his insurance submit your claim to them

Original poster

ConkerGame · 23/07/2023 12:35

@OdeToBarney thanks, that gives me hope - will definitely be looking into that

OP posts:

Original poster

ConkerGame · 23/07/2023 12:37

@BrioNotBiro yes, hard lesson learnt. I was newly post partum when we hired him, hence we couldn’t put as much time and effort into research as we would have wanted to. We had no idea he wasn’t regulated.

OP posts:

Original poster

ConkerGame · 23/07/2023 12:40

@Createausername1970 we did pore over the plans but didn’t double check every measurement. we assumed as a professional he would do the job he’s meant to do. I work in healthcare and don’t expect my patients to go and double check all the advice and treatments I give them, as it’s my responsibility to get it right. Surely he has a duty of care to his clients as a professional?

OP posts:

Original poster

ConkerGame · 23/07/2023 12:41

@Archeron yes he had full details. No, I said it wasn’t a safety issue. Just he designed something not fit for purpose!

OP posts:

Original poster

ConkerGame · 23/07/2023 12:42

@nevynevster even though he did provide design drawings as requested? (Albeit with wrong measurements on!)

OP posts:

Original poster

ConkerGame · 23/07/2023 12:43

@ISeeARedDoorAndIWantToBreakIn no we didn’t see them beforehand, he just confirmed he had insurance. How do you claim against someone else’s insurance? Wouldn’t he have to put the claim in?

OP posts:

Nothingbuttheglory · 23/07/2023 12:44

Do leave a very factual, unemotional Google review.

Original poster

ConkerGame · 23/07/2023 12:47

@Nothingbuttheglory definitely will do! Just wasn’t sure if I could use a review as a bargaining chip, but he doesn’t seem at all bothered about negotiating any sort of settlement

OP posts:

nevynevster · 23/07/2023 12:54

I agree you have a strong case but as you said originally. There's not much you can do if he's not part of a professional body and you don't want to pay lawyers to take him to court properly.
There's not really another option, unfair as that sounds. Small claims has a cap but is easy to do without lawyers. I think you can do up to 10k without any difficulties. I am not sure you'll have to look up on gov.uk. I've done it for small values and it's very simple.

ohtowinthelottery · 23/07/2023 12:56

We had an extension built and used an architectural technician and a builder who both came recommended to us. The technician used some 'guesstimates' which meant the build in the plans wasn't actually possible. We had 2 choices - redo plans moving the exterior wall outwards and reapply for planning permission delaying the build (and losing our slot with the builder) or go ahead per original plans but dig up all the drains and reroute them. The latter was the better and quicker option and added to our build costs. There was another internal issue with the plans too but the builder was able to rectify that without any issue. Lesson learnt from that - always use a qualified architect.

Largeslice · 23/07/2023 13:12

Could you not try one of these "no win no fee" firms. Like the ones that dealt with ppi claims etc...

Original poster

ConkerGame · 23/07/2023 14:58

@Largeslice thanks, that’s a good idea

OP posts:

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