Getting out of an AIA contract
I have an AIA agreement with an architectural firm for a renovation project. They filed all the paperwork but the DOB has disapproved the plans twice and it’s been almost 2 years. The architectural firm isn’t very helpful. I want to change firms. What are the legal consequences if I hire another firm or do…
I have an AIA agreement with an architectural firm for a renovation project. They filed all the paperwork but the DOB has disapproved the plans twice and it’s been almost 2 years. The architectural firm isn’t very helpful. I want to change firms. What are the legal consequences if I hire another firm or do I have to get rid of the original firm first?
Solve all problems.
Hire me. I will undoubtledy improve upon the design of someone who couldnt figure out how to achieve a generous let alone minimal code compliant headheight for a basement. And given every other regard that we will undoubtedly improve upon the original “desgin” we will also end up with a substanitally different design, therey bypassing all legal issues.
After that, you may consider suing the original architect for professional negligence.
Thanks,
All good points above.
Chances are, if the previous architect has taken over 2 years to get any kind of approvals and isn’t really on top of this, he or she probably doesn’t have much of a vested interest in the project getting done. Thus he or she may not have any problem releasing their plans for use by the new architect. I would ask.
Just get it in writing.
If you signed a standard B141 or B155 you may terminate your architect without cause, with 7 days written notice. You are then liable for fees up to that point, and termination expenses, if any, which should be spelled out in the contract.
Taking the old design forward is trickier. The design is the intellectual property of the (former) architect, and simply reproducing it can expose you and your (new) architect to a copyright claim and substantial damages, if the former architect goes that route.
Probably the best idea is for the (new) architect to just do a new set of drawings, based on the design concepts you have already worked out with the old architect. This will also have the benefit of giving the new architect a chance to check out the assumptions in the job, and hopefully catch more problems like the ceiling issue before you get to construction.
you can get a new architect and they can use the “supercede” process to take over. this would require reproducing drawings that were filed by the prior architect, which can be tricky on the responsibility front. It will take time any way you cut it, but you have obviously been patient. The best thing is to start from scratch so ofcourse you can “redesign”. In that scenario you will have to withdraw the prior application.
If you have to go deeper to get the minimum height, you very well may have to underpin the adjacent buildings and turn a simple renovation into something much more complicated. You will probably need a new stair as well.
Hopefully of some help.
It’s a gut renovation of a basement and the reason the project was not approved was because the ceiling height was not high enough.
The architect tells me that I have to increase the ceiling height but the GC won’t work on it unless there’s a plan to submit for a permit which became an endless cycle.
After numerous phone calls to the architect in which he said that the paperwork was filed. The GC is one in which the architect recommended and yet they can’t get it together to get the job started. I am a patient person but this is ridiculous.
If the previous architect has the right to the ‘design’ can’t I just have a new architect “redesign” without taking their work and files?
I just want to start over even if it means new expediting costs but hopefully at least it will move forward rather than having the project sit around for so long.
Thanks for the help.
This is an unfortunate situation. Several years ago, I had a lazy architect. I interviewed new architects to take over the project. One architect told me that she would like to speak to the previous architect. I was so impressed. She did not want to violate her code of ethics by stepping on another architect’s toes.
Needless to say, I hired this woman.
Wow! 2 years? we are doing a gut reno and adding on a large portion and our plans had been disapproved for a little over a month and I though I was in a bad situation. Did you call the plan examiner yet to ask him whats going on? You may want to do that…thats what I did, but it turned out my architect was on top of it anyways.
Wow…2 years is a long time to wait. You say it’s a renovation. Is it extraordinarily complicated? If the project has been reviewed at DOB, your architect has an objection sheet that details every reason why the project was not approved. If you haven’t seen this, get a copy from your architect to get a clear idea of what needs to be addressed to get the approval.
The standard AIA contract allows the owner to cancel the project or fire the architect w/ or w/out cause. There may be a kill fee for termination w/out cause, but that could be waived if both parties agree.
The real issue is, who has the rights to the design. The answer is likely that the architect retains the ownership of the ‘design’, which means that if another architect just takes their work and files, they/you could open yourselves up to legal action by the original architect. I would address this w/ your current architect, getting them to sign the rights for the design over to you. Once you own the design, you can have another architect take over.
With another architect, you’ll also have to restart the DOB process from scratch, which means new expediting costs.
Sounds like a lousy situation, I hope you can get it resolved.