House Refurb gone wrong

Cheated Client

I have recently finished the refurb of my home.

For this I used the services of an RIAI architect on a full service fee, qualified engineer, highly regarded and SEI registered builder with top references.

We went for the SEI grant (detailed in the contract) and the following has come to light with the BER cert.

- insulation in roof areas is incorrect. Way below required U Values for standard 2009 regs and SEI requirements.

This is a clear breach of contract and standard building regulations.

In my view both the builder and architect are equally culpable. I won't into details but believe me it fairly straight forward.

Both have been stonewalling me since things came to light. 2 months or so.

Does any streetwise construction hawk know what are my options on this? The following are the logical ones but I've been advised legal is unreliable and expensive.

(It'll also cost 20k to correct works btw.)

- legally pursue builder (could declare bankruptcy and leave me with bills)?
- legally pursue architect (sole trader)?
- report architect to RIAI?

Any others?

I'd be grateful for anyone's thoughts or advice on the above?

Also if anyone knows of any legal genius's in the business who I could sound out for advise on this I would be grateful for suggestions. Please PM suggestions.

Thank you in advance.

Robert

Pkiernan

Without giving advice, I would not worry that the architect (as you say) is a "sole trader".

If he is currently licensed, he will have Professional Indemnity insurance.

Unless the builder is a real cowboy, or he has other significant debts, he is unlikely to declare bankruptcy over your project (remember that it won't cost him €20k to put it right).

You need to hire a solicitor and go from there.

Be prepared for a very long wait - I would be surprised if it took less than 2 years.


ETD: Also, when you have your first consultation, be sure to say that you will be looking to be awarded costs too.

Victor

What form of contract did you sign?

It would be useful to determine (a) what did the architect specify that the builder install? (d) did the builder install it? (c) did the architect inspect it? (d) has the patent defects period expired?

source

[devils advocate]

If the architect didn't specify insulation type on the plans, then it's nothing to do with him.

It's down to you and the builder, if you told the builder that cost was an issue and to find areas to save money then it's probably all on you. As the builder will just claim he was following instructions.

If you specified the insulation required (remember the builder is not under any obligation to install the top rated insulation unless instructed by client/architect) and it wasn't installed. Then it's the builder who is responsible.

Before engaging a solicitor, sit down and go through what you and the builder discussed in relation to the quality of insulation, and any interactions you may have had about cost.

If you specifically remember telling the builder to install the top grade insulation then by all means consult a solicitor. If however you instructed the builder to install the best insulation you could afford under the budget, then consulting a solicitor could be flushing money down the toilet, as the builder is just following your instructions in this instance.

[/devils advocate]

FreudianSlippers

source wrote: »

[devils advocate]

If the architect didn't specify insulation type on the plans, then it's nothing to do with him.

It's down to you and the builder, if you told the builder that cost was an issue and to find areas to save money then it's probably all on you. As the builder will just claim he was following instructions.

If you specified the insulation required (remember the builder is not under any obligation to install the top rated insulation unless instructed by client/architect) and it wasn't installed. Then it's the builder who is responsible.

Just a point on this though (impossible to be sure without knowing all details) aren't architects in some of these cases also acting as the project manager?

source

That only usually happens on large scale projects. Usually, an architect will, for extensions and refurbishments, fire and forget so to speak.

cranefly

re cheated client, you went for a sei grant, its like getting blood from a stone with that crowd now, they will always find something wrong in order not to pay over the grant money, did the grant crowd recommend the ber guy? i would get another ber guy to check the insulation.

jblack

source wrote: »

That only usually happens on large scale projects. Usually, an architect will, for extensions and refurbishments, fire and forget so to speak.

That is not correct (in many instances).

If you've used any RIAI form for instance, which is common on most projects involving an architect, they will be acting in a dual role for the employer and as an independent third party certifier.