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Pre-building issues

6 replies

buildingregsdrawings · 02/01/2023 18:41

I'd really appreciate some advice with an issue I have. NC'ed.

A couple of years ago I paid a architectural technician (sole-trader as far as I know, no VAT) I'll call him Steve. to produce a building spec and building reg drawings for a garden office which I had planning permission for and architectural drawings which weren't detailed enough for getting builders quotes.

I also made quite a few changes as I instructed Steve, he did a site visit, we discussed the changes, he made notes and I later emailed him some further info. Payment was due on completion.

It was coming into holiday season and we both away so I asked him to complete it before we both went away.
I didn't receive the drawings/plans, before my trip but when I was away there was a serious family incident which subsequently took over all my time and brain space.

A few weeks later I received a letter from the small claims court saying Steve was suing me for non-payment. I rang the court to check it was legitimate, it was, so I rang Steve.

Apparently he had emailed me the plans & invoice before his holiday. I assume it had gone into my spam (I checked but mine empties every 30 days - I never check it unless I'm reminded to). He then waited a couple of weeks and emailed me that he was going to take me to court unless I paid his invoice.
I asked him why he didn't ring me and I said he didn't have my number (he did - I saw him write it down, but he was very sloppy with his notes - lots of the changes we discussed he missed off the spec until I reminded him, and it's very possible he lost all his notes which would explain a lot)

OP posts:
buildingregsdrawings · 02/01/2023 18:49

So basically I asked him to re-email be the plans and I would pay him immediately (including court fee) and that was that.

Roll on two years and I want to build the building (unfortunately my relative died and I have been dealing with that for the last couple of years).

However the plans are rubbish.. the builders are struggling to quote from them as they include issues that should have been resolved if either Steve or I were thinking straight. He has also missed off things that I have asked for in the meeting and in later emails. Nothing major, but tweaks are needed.

Now obviously I don't want to work with him again but I'm desperate to get a decent workspace at home because I'm mostly WFH with no proper office.

I paid him approx £850.
I would gave to start over with someone else, everyone is really busy, I have a slot with a good builder I don't want to lose. Plus then I would have paid £850 to Steve for nothing.

What do I do? I am single and do have to watch my budget £850 is a fair bit of money to me. I feel overwhelmed and not able to think straight. I think it was such a stressful period in my life that I hate thinking about it and I keep putting off making a decision, but I need that office built somehow!

OP posts:
buildingregsdrawings · 02/01/2023 18:52

Do I ask him to make the small changes?
Or do I just try again and just kiss that £850 goodbye?
Should I try and get the £850 back if I end up using another firm?

OP posts:
Fuuuuuckit · 02/01/2023 19:03

Start again. Not worth the hassle - you have a poor relationship (at best) with Steve, you know how sloppy his work is and he didn't do the job right first time, he has zero incentive to do a better job the second time round.

A new person can add to Steve's design and add all the necessary detail, it might not cost you as much as you think.

VeniVidiWeeWee · 02/01/2023 19:46

"A new person can add to Steve's design and add all the necessary detail,"

IANAL but it's possible that Steve has the copyright for the plans and they couldn't be adapted by anyone else.

buildingregsdrawings · 02/01/2023 22:28

I don't think Steve has copy-rite, I asked him to send me the raw/working files at the time (which he did) in case they were needed.

OP posts:
prh47bridge · 02/01/2023 23:42

Unless he assigned the copyright to you (which would be unusual), he does have copyright. The fact he sent you the raw/working files does not alter that. However, he has given you a license to use the drawings. The question is whether that license extends to allowing someone else to adapt them.

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