Sacking Architects

[Ministar11]

The architects have made mistakes throughout the build including incorrect drawings, inexperience of the practical requirements of building a property and escalating costs.  For example, of their behaviour they charged us for handover to another architect when our architect when on paternity leave.  The relationship has deteriorated and we are want to sack them and proceed without them instead relying on the buildings and structural engineer but I am concerned if this might impact on us getting a mortgage.

 

We will need to get the building to the stage where we can get a mortgage and release money in the property to complete the build.  Although the architects issue a "Practical Completion Certificate" under the JCT contract my investigations seem to suggest mortgage providers will require a Professional Consultants Certificate also known as an architect's certificate that comes with a 6/10 year warranty and we can get this from a independent company and it is not the contract under the JCT contract that they require.  Obviously we'll need to also get BC certificate etc. 

 

Does anyone know / have experience of sacking architects and the impact this might have i.e. not having a "Practical Completion Certificate" under the JCT contract?

[joe90]

Technically I had no architect but I did pay one to convert my drawings on paper to CAD and file our application but he got the drawings wrong three times and he only had mine to follow. You don’t need an architect to get a mortgage just the sign off from the planners;BCO.

[Ministar11]

Thanks @joe90

We've started to question their invoices and they are now threatening us and trying to scare us by saying they will not issue the Practical Completion Certificate under the JCT contract but BC is completely separate and we will get the Completion Statement from BC.  We also plan to pay for a Professional Completion Certificate from a third party company.  The more I look into this the more I realise that the certificate issued by the architects under the JCT is worthless/ meaningless but wanted to get advice because of their scaremongering.

[joe90]

The only issue I came across was if you sell within 10 years a mortgage company needs a sign off separate to BC (Forgot the name) and because I had to sell mine within the 10 years I got a ticket from a third party company for less than an architects fee.

[ETC]

1. Are they architects?

2. Do you have a contract with them?

3. If you do - what does it say about issues you are experiencing?

4. If you don’t - they are probably in violation of several codes of conduct.

5. Check with your mortgage company - a JCT Completion Certificate may be irrelevant - a BC Completion Certificate is more likely to hold more weight.

6. If they are ARB and RIBA members and you are not happy with the service make a complaint.

7. If your mortgage company require some sort of guarantee speak to the NHBC.

[Thorfun]

7 minutes ago, ETC said:

If your mortgage company require some sort of guarantee speak to the NHBC.

when i was looking for warranty providers NHBC no longer dealt with single self-builders so had to look elsewhere.

[nod]

As above 

But also note that an Architects certificate isn’t accepted by some lenders HSBC being one 

 

[Mr Punter]

Because this is a renovation and extension you will not need a new build structural warranty or professional consultant certificate.  You will need a completion certificate from Building Control.  If you need funds, apply for the renovation mortgage now as it will take time to get finalised.  Even the property as it stands has some value.  You mortgage lender will want to know how much the project will cost to complete and may ask for further figures and information.

[Nickfromwales]

25 minutes ago, Mr Punter said:

Because this is a renovation and extension you will not need a new build structural warranty or professional consultant certificate.  You will need a completion certificate from Building Control.  If you need funds, apply for the renovation mortgage now as it will take time to get finalised.  Even the property as it stands has some value.  You mortgage lender will want to know how much the project will cost to complete and may ask for further figures and information.

+1. Maybe get a rudimentary bill of quantities done, to show the lender that you have your side in check eg that you know the actual costs required to get to a completion certificate.

All you need here is the BCO’s sign off, architects are being dicks.

[saveasteading]

If you haven't already, tell them in writing that  they are suspended and you will make no payment while you enquire about how to proceed.

That will include mortgage advisor, bco, the ARB, and a construction lawyer.

If that doesn't get a compromise or a walkaway,  I'll be amazed.

 

That is of course if they are ARB registered. What does it say on their blurb?

[Redbeard]

8 hours ago, Ministar11 said:

For example, of their behaviour they charged us for handover to another architect when our architect when on paternity leave.

 

Sorry to hear of your problems. How about phoning or writing to RIBA (Royal Institute of British Architects) and ARB (Architects' Registration Board), explaining the paternity leave matter and ask them if that is normal behaviour. What explanation was given to you for the charge? Presumably that hours were taken in effecting the transfer of work, but if your contract is for provision of a service then it should not matter who does it, and if they have to faff around behind the scenes because of personnel issues that should surely not be a problem you should have to *pay*' for...?

[Nickfromwales]

Yup, they would have known about the paternity stuff roughly 9 months in advance...?