Ask the Architect

Any old plans won’t do

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Q. At the end of our renovation, the building inspector won’t sign off because, he said, the plans don’t match construction. He said our architect must give him new plans. The plans the contractor used were old ones, changed because of revisions we had to get in order to get the permit. The contractor had the permit and attached plans, but never followed them. He only followed earlier plans we gave him to get the estimate. Now he wants more money for changes, and the architect wants to be paid if he has to change the plans. How did we get into this mess, and how do we get out of it? I’ll never do construction again!
A. So you figured that plans are plans. Any old plans will do. And, hey, your contractor probably decided that the plans for estimating were final, and that any changes would be insignificant.

This happens almost all the time. It starts with a call to see if the contractor is available to do the work and can give you an estimate. Often, contractors reply that they need to see plans and a permit, which from architects’ perspective is like asking them to hurry up and finish, or just give away whatever they have, without final notes, details and approvals. Here’s where you need to stop and take a breath, think about the process and make sure you have a safety net, such as notes on the plans or a contract that says the contractor must follow only final plans that have been approved, permitted and stamped by your local building authority.
As it is, we’ve gone back many times after the work is done to re-measure and do as-built record plans for a building department file, only to discover that there were many shifts and changes, that room sizes were changed during construction. When we tell the owners that the plans weren’t followed, that all the time spent making certain the furniture would fit a certain way and the windows would be just right was wasted, they’re often exasperated, because they’re worn down by how much construction cost and how long it took, so they just accept it, and pay for re-drawn plans to get it over with.

What you needed were several things you probably don’t have, like a good contract and plans with notes protecting you. It starts with not wanting to spend the money in ways that would protect you during one of the most expensive things you’ll ever do. A lawyer should help you with the contract between you and the contractor, stating that the written contract and plans are both parts of the entire contract. An architect needs to include notes in the plans stating that the drawings are part of the contract as well, with a statement that only stamped, approved permit plans from your building department can be followed for construction. I hope you have these, or are prepared to pay.

© 2018 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.