History0 min ago
Architect Quote To Pay Or Not
I got a quote from an architect and they said its.
A ) To measure existing and prepare as existing drawings: £700 plus VAT
B) To prepare design drawings and submit a planning application to the local authority: £600 plus VAT
They did the existing drawings (A) and the design drawings of part B but did not put in planning submission as the project was spiralling out of control and I couldn't afford it.
I never asked them at any time to submit planning permission. However they have charged me for both parts A and B total £1300. I don't believe I should pay for any of part B as it clearly says "and" submit planning application. I have offered to pay part A but not part B. What does the law say?
A ) To measure existing and prepare as existing drawings: £700 plus VAT
B) To prepare design drawings and submit a planning application to the local authority: £600 plus VAT
They did the existing drawings (A) and the design drawings of part B but did not put in planning submission as the project was spiralling out of control and I couldn't afford it.
I never asked them at any time to submit planning permission. However they have charged me for both parts A and B total £1300. I don't believe I should pay for any of part B as it clearly says "and" submit planning application. I have offered to pay part A but not part B. What does the law say?
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Many thanks for that. I was considering to pay for all of part A and negotiating a lower fee for part B. But I don't see why I should have to pay anything for part B as my understanding is as it says in the contract "prepare design drawings AND submit a planning application" which they haven't done. I'm willing to pay all of part A but not part B.
Check online with your local authority to establish the fee for submitting a planning application and deduct that plus a couple of hours work for filling in the form. We have to assume the design and drawings element of part B is complete although not acceptable to you, so you might want to argue that work was proceeding without your approval. It depends on how it actually happened.
The usual procedure is for the architect to carry out A and B, but ask you to provide payment for the Planning Application fee as an extra cost.
This is largely because, until the plans for submission are finished, the fee can't be determined. (It's on a sliding scale depending on the size and scope of the work to be done. So it's left until the time of actual submission.)
The only saving here for the architect is the time needed to fill out the form.
To be fair, you did enter a contract with them when you told them to go ahead with A and B. The B part represents a great deal of work with design etc. This surely should be paid for.
Maybe they'll give you a token reduction for the sake of goodwill, but I honestly don't think it would amount to much.
They've done their job. Surely you must agree that they deserve paying.
This is largely because, until the plans for submission are finished, the fee can't be determined. (It's on a sliding scale depending on the size and scope of the work to be done. So it's left until the time of actual submission.)
The only saving here for the architect is the time needed to fill out the form.
To be fair, you did enter a contract with them when you told them to go ahead with A and B. The B part represents a great deal of work with design etc. This surely should be paid for.
Maybe they'll give you a token reduction for the sake of goodwill, but I honestly don't think it would amount to much.
They've done their job. Surely you must agree that they deserve paying.
They have definably not submitted any form of planning permission at any time. Same question. The contract they sent me says "prepare design drawings AND submit a planning application" £600 plus VAT. Do I have to pay anything for this part at all as they have not fulfilled their contract. I am willing to pay the part "To measure existing and prepare as existing drawings" £700 plus VAT as they did that.
If they shouldn't have sent in an application, ask them what the charge for (B) includes.
If it includes an application, challenge it and ask for a reduction and a new invoice.
If it doesn't include an application and the inclusion on the invoice was a mistake, ask for a new invoice and pay the whole amount.
If it includes an application, challenge it and ask for a reduction and a new invoice.
If it doesn't include an application and the inclusion on the invoice was a mistake, ask for a new invoice and pay the whole amount.
They gave a quote to do a job and did that job as far as they were allowed to. The only reason they haven't submitted a planing application is you prevented them from doing so as you decided not to proceed. You admit they did the vast majority of the work for Part B. The actual work in submitting it (filling in some forms and sending it off) is pretty trivial. The work is in the designs. It's not the architect's fault you chose to cease the application but you seek to link the work with the word AND to avoid paying them for work they legitimately did?
Unless there was a specific clause giving you the right to cancel unilaterally at any point without having to pay Part B, I think they will be entitled to be paid and the best you could do would be to force them to actually submit an application pointlessly to complete the work first. It would be far better to agree a moderate reduction but I don't think they are under any obligation to agree it.
Unless there was a specific clause giving you the right to cancel unilaterally at any point without having to pay Part B, I think they will be entitled to be paid and the best you could do would be to force them to actually submit an application pointlessly to complete the work first. It would be far better to agree a moderate reduction but I don't think they are under any obligation to agree it.
As others have said, the act of submitting the Planning Application (Forms and Plans can be quickly e-mailed to the Planners) takes about 5 minutes.
Preparing the Plans and forms ready for submission takes about 30 minutes.
Preparing the scheme (plans, reports, etc.) for submission can take many hours.
We are well used to clients who, starting off with big proposals, suddenly find that the cost of realising their dreams far outstrips their budget. Unfortunately, that also means that we are similarly acquainted with clients who wish to find reasons not to pay for the services they have received.
I imagine you received the design drawings before you decided you couldn't afford the cost of the scheme (it is unlikely that you would have pulled the plug after seeing the Existing drawings, only)?
As it stands I would offer to pay your Architect 'something' towards (B) because they stand a pretty good chance of securing a claim against you in the Small Claims Court.
Preparing the Plans and forms ready for submission takes about 30 minutes.
Preparing the scheme (plans, reports, etc.) for submission can take many hours.
We are well used to clients who, starting off with big proposals, suddenly find that the cost of realising their dreams far outstrips their budget. Unfortunately, that also means that we are similarly acquainted with clients who wish to find reasons not to pay for the services they have received.
I imagine you received the design drawings before you decided you couldn't afford the cost of the scheme (it is unlikely that you would have pulled the plug after seeing the Existing drawings, only)?
As it stands I would offer to pay your Architect 'something' towards (B) because they stand a pretty good chance of securing a claim against you in the Small Claims Court.
According to the information available, architects may charge in different ways, including fixed fees for specific tasks1. If the quote provided by the architect for part B included both the preparation of design drawings and the submission of a planning application as a single service for a fixed fee, and they only completed the design drawings, you may have grounds to dispute the full charge for part B. However, it’s important to review the specific terms of your agreement with the architect. If the terms are not clear or are open to interpretation, it might be beneficial to seek legal advice or consider alternative dispute resolution to come to an agreement. The Architects Registration Board suggests that alternative dispute resolution can often resolve disputes at a lower cost than going to court.
