taking architect to court

[Maggiemay]

We are in a very tricky situation, and have been advised our case is stands every chance of winning, but am extremely reluctant to go along this path. I would be most grateful for advice and/or similar experiences.

Basically Jan 2003 we engaged an architect to draw up plans and oversee work on our house. It was verbally agreed to be finished by April 2003 and a estimated budget of 58 000 euros was agreed and included in the contract duly signed. We moved out in April, and had to use the tiny flat to live in while waiting for the main part to be finished. We were - verbally - promised, next month, by September, by Christmas, by February and still it wasnt finished, and I did some addition and found out if we continued with the work we would have to pay at least 98 000 euros. I said stop this current tranche of work, and we'll have to sell. That was agreed verbally. The roof walls and floor are 'done' but nothing else.

Meanwhile my husband has to stay in UK working as he cant afford to risk living with us. The original plan of moving out last April was renting out the small flat over the summer until we had arranged work for him, or my career could pick up.
The quality of work and finish was very poor, and I suspected that the chappe liquide cement floor was not reinforced and many things already paid for were not finished. I paid for a constat etat de lieux and apparantly there are many dangerous mistakes, including the whole floor is resting on the original un-reinforced beams. The floor shakes already.

I have found a lawyer who seems efficient, and the plan is to 'persuade' the architect's insurance to make good the work already paid for, and if possible to reimburse the big loss we are making (we have to sell at a loss). No this is not an advert to buy it. I would not recommend our house to a friend. But we cannot touch the house while waiting for the legal process to resolve itself. But I feel so angry with him for letting us down, all of us, I dont want him to get away with it and do the same to someone else.

I would be most grateful for constructive advice. Thank you!
MaggieMay

[Caterham7]

I work on the Architect's side of the fence,as a Structural Engineer.Any court process is long winded and expensive (you may have to pay you're legal costs.)Professional Indemnity Insurance is not handed out easily and we have an excess to pay (up to 10,000 depending on the agreement),so we obviously would resist any claims.You refer to verbal agreements and budget costs,these are very difficult to prove in court(budget costs are not fixed).On the face of it you sound as though you have a case,but proving it without documentation is very difficult.Be prepared for a long battle!

[BJSLIV]

You engaged an Architect.

The work was more complex and took longer than expected: As Per Usual.

The work was poor quality.

You don't have enough money to complete the project.

You could try to get compensation / remedial action for the poor work.

It is not the Architects fault that you haven't got enough money to complete. It was an estimated cost, and things often take twice as long and cost twice the price.

Even if you get compensation / remedial action you would still have to stop work and sell.

Presumably the Architect will be entitled to loss of earnings / profit on the abandonned part of the project.

Is there no way you can work with the Architect to extract yourself from this mess? Legal action will be slow, messy and would probaly delay your sale.

It is so sad to hear of the harsh realities of doing up a French Dream, so far removed from the cheery "I've spoken to a Builder" of A Place in The Sun.

Try everything you can, but do try to keep away from the courts.

[Roberto]

Hello Maggie: I fully understand your plight but would like to add my "two cents worth" as we call in America. As you very know that any verbal agreement does NOT stand up in a court of law. To take a business person (including the architect) is an uphill task because every kind of business person will have a laywer on a monthly retainer including the malpractice insurance because everyone of these added costs of business is passed on to the customer --(that is you). It appears that your "contract" (?) or understanding was NOT properly worded to protect you, to define what is required of the architect, what duties he/she MUST perform, at what stages of the construction, and how he/she will be compensated for his/her services ( as the work progresses or in lump sum). I know it is too late for you to correct these problems. However let me add this advice (at least for the future):-- whenever you enter into a VERBAL understanding, it is in your own interest to WRITE a letter, without any delay, indicating what was agreed upon verbally and adding a note thereto that if for any reason the other party differs as to what was agreed upon verbally, to communicate with you, IN WRITING within three calender days--- such a letter from you MUST be sent by Registered Post Acknowledgement Due (whatever it may be called in France), and keep an exact copy of your letter for your own files and in case an occasion arises at a future date on the verbal understanding (agreement), your own follow-up communication will most likely protect you somewhat. Yes, I agree with you -- this is a cruel world, and plenty of people try to take advantage of the unwary, innocent people like you; but IF you do not look out & protect your own interests, who do you think will come out to "take care of YOUR interests" ? Forgive me, this comes from an elderly American (80 yrs) who in his experience as an Enginerr/Executive had occasion to personally observe a few "other than" straight forward business man. Some architects (including one case in Indiana by Frank Lloyd Wright) engage in artistic dream without considering the financial resources of the client; the Latin saying is: Let the buyer beware (caveat emptor)....My sympathies to you. Roberto June 9, 2004