Architect overcharging

[Doubletrouble99]

He we are doing a conversion and although we have just got planning permission and the architect has done and been paid for all his work up to building warrant we would like to slightly alter the internal layout.

This would only be a variation on the planned build so doesn't need new planning permission. However our architect is saying he wants to charge us for his work to date all over again minus 10%. surely this can't be right. In the standard contact we used it says that any additional work should be charged on a time basis. His fees are £65 an hour and a architect friend says it's about 2 weeks work which id £5200 but he want over £12K !!!!

He can charge what he likes. It's up to you if you want to pay or nother!

Two things are going on here:

1. I think you are playing down ‘slightly altering the layout’ if it requires two weeks of professional time

2. He thinks you are such a nuisance he doesn’t really want the work

No, he can't charge what he likes he has signed a contract that says any additional work will be charged at an hourly rate. I personally don't think it would take two weeks of work that was just a vague idea a friend had. The point is he is asking a ridiculous amount.

They can't be that minor if they'll take two full weeks!

Is he project managing? If not can't you dispense with his services, and either employ someone else, or if the alterations are really minor and you get on with your builder see if they can incorporate without plans.

He doesn't have to do additional work now he has done what you asked so it might be better to ask a mother architect if they can do it for less than 12 000. You can't force someone to work for you if they don't want to.

Sorry I haven't explained myself very well. We are not at the build stage, we have only just got planning permission. The details of this build are not relevant as I have changed some to keep unidentifiable. Surface to say this is not a small domestic project and I am in charge of a substantial fund of public money that I feel this architect is just trying to get more of. I want to get rid of him but I'm unsure if I might be liable for any charges from him. I also wanted to know from a contractual point of view what my recourse is if he is purposely quoting a completely incorrect 'version' of calculation for his further costs.

No-one can answer your questions without a lot more information. Consult a solicitor.

Again I would suggest you put it out to retender. If he wants the work he may come back at a more reasonable rate! Once you start paying solicitors you could find the difference between your two positions gone in lawyers fees!

Putting it out to tender may be the best way forward but the OP wants to know if she might be liable for any charges from the architect if she takes the work elsewhere. The only way she can find out is to take the contract and consult a solicitor.

I can't retender whilst he is still under contract. We are a small not for profit organization and don't really have the funds for solicitors fees. I though maybe a legal person could have given me some idea.

When / how does the contract end? Who drew up the contract?

Before jumping straight to legal matters, have you challenged him on the costs and tried to negotiate something more acceptable to you?

Why don't you email him the relevant part of the contract and ask him to explain why the proposed charges deviate from the contract wording?

I can't retender whilst he is still under contract.

But is he still under contract? He's done the work you presumably contracted him to do? An hours consultation with a solicitor conversant in contract law should be a few hundred well spent.

No he hasn't finished his contracted work he is contracted up to build commencement.
Think you are right tichy, an hour with a contract lawyer would be well worth it. Don't want to get involved in litigation with him re loss of profit.
We don't want to continue with him this is just the latest of a number of questionable things but the best he has done so far with regard to a reason for letting him go.

Why don't you just change the plans once the build commences?

Because we have to justify what we are doing to the funders and we need to reapply for building warrant as the drainage and electrics and ventilation will change.

drainage and electrics and ventilation will change.

That doesn't sound like a slight internal alteration!

Ask for a breakdown of the work he intends to do.

It is possible you are right, it is possible he is. Are you likely to get someone in at this stage? Why is the contract up to commencement, do you mean he is preparing tender documents? There is often a hell of a lot of additional information on tender drawings in order that a contractor can accurately price the work so is that part of the cost.

I know from experience hourly rates are usually much higher than costs for preparing tender/contract/construction drawings.

I have no clue how long it would take though and nor does anybody else so really no one is going to be able to give you much in the way of useful information.

Thanks Niamh. The quote he has given us is only for altering the current plans, the additional work. The work up to tender of the building contractor is a separate cost and is already part of his contract. What I am trying to do is try and get out of this contract without incurring any additional costs.