RIAI contract query - payment to architect

Monkstownman

We are at the last stage of our architectural project.
We have paid the first 3 payments to our architect.
We have paid all the monies to date as advised by our architect to our builder. Basically, we have paid all the monies due to the builder except now for the final bits and pieces arising from the extras in different architectural instructions minus the bits that were left out.
The architect signed practical completion about four weeks ago.
The architect then sent us their request for the 4th payment.
This cannot be the last request for payment from them because be haven't got the final account from the builder.
So there will have to be a final request for payment from them to adjust for this.
Subsequent to practical completion the architect produced a list of snagging items for the builder.
On moving into the house we discovered a number of additional snagging items which we alerted the architect to.
The principle among these is that the wooden floor in the kitchen is cupping (probably due to moisture).
The architect in our opinion has not responded to our concerns and come and looked at the floor (which, as they are managing the project and the builder, I would have expected).
I am reluctant to pay the architect the 4th payment until this is sorted out.
Any any one advise on a reasonable course of action.

sinnerboy

Stick to the terms of your appointment with your architect

Sounds like he is discharging his duties faithfully

Don't confuse the contractors actions / inactions with the Architects

sydthebeat

Whats the defects liability period?
How much are you holding back?

sinnerboy

Ask your architect to
1. value the final works
2. inspect at the end of the defect liability period ( should be stated in contract - usually 6 can be 12 months after practical completion ) your snags , if in his opinion they are fair snags , to be added to his snags
3. issue a final certificate
4. issue his opinions on complaince

then he will be entitled to full payment

Monkstownman

From my post, what duties has the architect manged faithfully, that is apart from managing to get paid?
We have signed up for a full service from the architect which means inspecting and verifying that the work has been carried out to some acceptable standard.
We hold on to 5% of builders fees for 12 months but it is not the builder we are dealing directly with, it is the architect.

sinnerboy

Perhaps you should direct your last queries to your architect.

If he does what I suggest in my last post .... you must pay him unless you show he not fulfilled his side of the agreement .

The contractor is the one who must meet built standards .

The architect is the administrator of the contract that you ( i assume ) have signed with the builder , but he is not a party to it .

The architect can advise you if in his opinion he has done so or not .

Be clear of the ground you stand on if you fell agreived in any way .

I suggest a frank conversation with your architect . If not satisfied , contact the RIAI

Mellor

I think you are getting mixed up slightly, the defects liability period is between you and your builder, if defects (shouldn't be called snags really, snags are different) arise, its up to the builder to make good as per the contract between you and the builder.
Also DFL started at PC stage, just so you know

As sinnerboy said, the architect is not a party to the contract

Monkstownman

So is the architect due to be paid after inspection at the end of the defect liability period?

sinnerboy

paid IN FULL then

he would be entitled to a payment on account now