Well, I'm sorry to hear of your situation. This doesn't sound like an actual, licensed architect, in my experience. It sounds more like a drafter or CAD operator.

Regardless, if you cannot get a response from this person, then you will need to take steps necessary to keep your project moving forward.

First of all, do you have a contract with this person? If so, what does your contract say about termination and ownership of the construction documents?

Second, have you made efforts to inform the person that changes are needed in a timely fashion so that your project can continue forward?

Based on the answers to these questions, you may be able to make your best decision as to how to proceed forward.

Good luck on your project!

Ugh so frustrating! Nothing in what you said explains that it is a drafter or CAD operator. If you say it is an architect we should take you at face value that it is. I would attempt to get out of the contract and end on agreeable terms but just explain you need things to be happening much faster for the build to work effectively. Most contracts have a termination clause. Just be aware that it likely isn't favorable to you.

Yes I do Virgil because you have painstakingly educated the masses over many posts not to mention the fact that I, like many people who have built or are building, did a little research before starting this process on what my options were. And you could very well be right that this isn't an architect but unless the OP says it isn't I'm going to assume they know who they are working with.

Thanks for the inputs!

Actually the contract states that we paid off fees once the permit is issued, so the contract is . Given he is the registered as the applicant/architect of our permit at city. So we are offering change fees for his work afterwards, he committed to do things but always takes 2 weeks to get on.

All we have is just the pdf version of his drawings. For another architect to take over, what documents should we request from the architect? AutoCAD draft, else?

Have you discussed your timing concerns with him? Is it clear you are not satisfied?

We expressed our concerns every time we got a chance to talk. He is very polite and promise to get to it soon, but then it took forever. On average it took me 20 calls for him to answer one.

And I guess after the construction process, GC needs to check with the architect pretty often for the clarification, that'd put us at the risk of putting projects on hold pretty often, is my understanding correct?

Our builder has not needed to contact our designer once since construction began. But we have also made no changes so there has been no need to.

Not sure all that your jurisdiction requires, but that is a very crappy experience and customer service. It is to be expected that some changes will come up and time is of the essence when you need changes for an active build / any time you already have a permit.

I would ask him if he can respond in a timely manner or have his staff (?) chase down the answers / get him to sign off, etc. Its possible you'd fun into issues with trying to engage another architect and the intellectual property re: the plans.

Just FYI to others - someone who completely disconnected the design and build phases of construction is more likely to be talking about an Architect vs a draftsperson.

One problem here is that the architect usually owns the copyright to the plans, so unless he signs them over, you may not be able to simply take them to another architect.

I agree with the assessment above, he is more of a designer. But as you mentioned, it is kinda tricky to deal with IP. Here is what's stated in the contract. Looks like others can change it as long as it is not used in other projects?

"Documents produced by the Architect under this Agreement, as instruments of service, are and shall remain the property of the Architect. The Owners may retain copies, including reproducible copies, for information and reference in connection with the Owner's use and occupancy of the Project. They are not to be used on other projects except by agreement in writing and with appropriate compensation to the Architect."

Why does he refer to himself as an Architect if he isn’t one? Is he saying he is the architect of the work as in creator of it but not an actual architect?

I think I was wrong, I referred to him as "architect" as I was too negligent in this field. Now we just want to avoid the situation of him being the bottleneck in our project.

So Virgil is right! I humbly accept defeat.

Perhaps you can say the contract is void since he isn’t an architect and it’s a win win. He refers to himself as one when he isn’t. Is there a definition of terms in the contract?

I do believe we can terminate the contract now. But before I call it out, should I obtain design documents from him in the first place?

You can check with your state licensing board to see if he is a licensed architect. If he is not and is claiming to be one, he is committing fraud.

thanks folks. Even if he is, we want to move on. So my question boils down to what design documents I should obtain from him related to my project?

if he sealed drawings submitted for a permit - that's a problem.

Miley I’m not a pro and am on my first build so take my advice for the little it is worth. But in my opinion you aren’t getting anything from him. He owns it not you. Are you expecting tons of issues or things needing to be changed? If so you may need to ride out the relationship. You should at least send him, in writing, your concerns and give him a chance to respond and remedy the problem. Agree on how to terminate relationship if need be.

Mikey, the issue is whether or not you have any rights to the documents. Based on the language you posted above, you do not have any rights to any documents.

That being the case, you have a couple of choices:

1. Ask this person, whomever s/he is, if you can have a full set of documents for use by a new architect, designer or person of your choice, or;

2. Start over.

In other words, your best choice is probably to attempt to resolve differences and complete the project with the person of your original choice.

Otherwise, you are facing a long delay and the need to start anew.

Sorry to have to tell you this, but this is what the terms you posted above give you.

Ignore this guy and move on. If he can't return a phone call, he's too busy to sue you, guaranteed. He'll be delighted you're gone and won't give it a second thought.

Does your contract state what happens if there is a dispute? I'm not a lawyer, nor an architect, but it's my understanding that there are legal implications as the architect on record, so he is not going to just allow you to take over his plans and make changes to them willy nilly as he would be the one on the hook for certain poor choices. Our contract clearly states that if we want to terminate our contract and use the plans they will be as-is, he will take himself off the documents as the architect on record, and we will owe him a fee of $x for the hardship. I'm pretty sure we signed a pretty typical AIA contract.

Another middle of the road option. Call him. Be persistent in getting a scheduled time to talk in the next week. Explain that you need timely turnaround on changes and questions during the build, and you haven’t been getting that. Ask if he is able to provide that, and suggest that if he isn’t, he might refer you to a colleague (in his firm or elsewhere) who could provide that. You may be able to reach an amicable resolution, moving forward with him or with another architect with his approval and cooperation.

What I don’t understand here is the nature of the changes? If they aren’t structural, many small changes can be done with a red lined portion of drawing and field supervisor can take to permitting authorities for approval. Not sire where you are but builder should be able to facilitate this. Otherwise you have very sticky situation potentially. I do not recommend suggesting you take action that is clearly against your contract. Work it out if you possibly can.

Where is the documented timeline from the arch? For all necessary drawings? Yes, many changes can be made in the field . Many require a te draw . What did you pay thus far?

Interior and non load bearing walls are a NON issue.

We know that he won't get time to work on our stuff no matter what. So it is time to move on. He does not even have time to talk to us after we mention that we just want someone else to draw, the only ask is for him is to give us necessary AutoCAD files.

We (owner) have checked with city permit department, some changes would require drawings, but city does not care about where the drawing is from. We have started the process to get a designer to help with plan modifications.

Mikey - you need to understand that the contract you signed apparently gives ownership of the intellectual property (ie the plans) to the architect/designer or whatever he is. You can't simply hand over his plans to someone else because you don't own them. He may be willing to sign them over to you. Otherwise, discuss with your contractor whether the things that need changing really need the designer to be involved.

Mikey - i hear you want to move on, but with the language in that contract (and that is common language) this person might not have time to call you but h/she will have time to call their lawyer and instruct them to send you a “cease and desist” letter which will throw you into a legal, expensive, battle. This is one of the risks of hiring your own architect separate from your builder. You have no leverage. So proceed at your own risk. You might loose a week or so now, but a legal battle could shut you down for a year or more. Tread carefully and smartly.

Frying pan, meet fire.

Mikey in order to cover yourself you may want to get the old designer to sign a document saying they have turned over the project to you and what they are okay with. Just so there are no problems down the road. Good luck! I’m sure it feels great to move forward.

Alison, in this case Virgil Carter Fine Art was right, but I too hate that every time someone has an issue it is assumed it is because they don't have a licensed architect. Having an architect license does not make one infallible nor does it mean they will have the best ideas. There are good and bad architects just like there are good and bad people in every profession. The way some people talk on this forum, architects are magical mind readers that with a few conversations will create the perfect plans. I think those architects are not that common.

The licensed architect we used for our remodel was very busy with some larger commercial projects, so was definitely slow to get back to us at times (although nothing like what the OP experienced). Our floor plan and window design was a collaboration between our designer and me while our architect mainly focused on the roof and structural/technical aspects of the plans. I didn't realize this was out of the ordinary. Ultimately it is working very well for us although there were definitely a few oddities (like a beam too low, extra walls, too small a header for a door, etc...) that were caught by our GC (who is top notch so far).

One of the significant differences between a licensed architect and all of the other unlicensed, and unregulated others, is that an architect has professional status and responsibilities which the great majority of architects take very seriously. And that's as they should, since their professional licenses, and livelihood, depend on their ethical and professional communication and performance.

The drafters, CAD drivers, and the like don't have the legal or professional responsibilities that architects have. Thus, these folks can perform and communicate as they wish with little to fear, since they may have little to risk in the way of professionalism, ethics or services.

There is no state-level licensing board for complaints for these folks.

Unfortunately, the vast majority of consumers simply don't understand who is an architect and who is not. A majority of consumers don't understand the differences between an architect and drafters, CAD drivers and the like.

For far too many consumers it's all about who can produce "plans" for $1,500. Or less.

And in far too many situations it's all about you get what you pay for.

And that leads to posts like this one. And so many others of a similar nature.

I'd guess that virtually every architect on this forum quickly recognizes from a post whether or not a licensed architect is involved or not, based on the information and description from the poster. It really isn't difficult to recognize at all.

Unfortunately, many posters and other commentators don't see the differences at all. It's all about what one knows and what one doesn't know.

You are completely correct Virgil... and perhaps this thread wasn't the best example, but I would say about 70% of the time you and others are right that it isn't a real architect at the helm but about 30% of the threads it has just been a bad architect. I think there has just been way too much scolding on Houzz lately and not enough educating/advice, and it starting to make reading threads frustrating (heck, the other frequently posting architect had the nerve to scold someone for even asking for feedback on their plans). It is a real deterrent for asking questions because I know that I will just get told not to second guess/question any of the pros working on my project.

Mikey-

You've already had one really bad experience with a non-professional with unprofessional behavior. Thank goodness he consented to an amicable divorce.

I am really surprised you want to throw yourself into that breach once more!

The current non-professional you are using may also resort to unprofessional behavior and he may not go for an amicable divorce.

He may draw up new plans for you which he may not release to you so easily.

Then what? Spend money on a lawyer? After all the aggravation?

Why not do it the right way from the start now that you have the chance and play with the big boys? (or gal)

Penny wise, pound foolish...

The word (last Thursday) is "JUST"

I just want to tweak, I just want someone to tell me how to fix the front elevation, I "just need someone to draw" just as I just want to take this house I found and make it work on this lot, except it has to have thirty percent stone on the front.....

Just. Never. Really Works. Because there is no just even if that seems UN just. Which is why licensed architects justly are paid for their provided skills and and their arduous course of education/knowledge base. That said............

Residential properties require an arch who favors and specializes in residential design. In small and mid sized cities, the very good (residential) are also always very busy, as there are indeed fewer of them. I had an arch, (commercial specialty, chosen by my client, despite cautionary advice) once say to me " I despise residential. I despise the hand holding that goes with it".................

He proved unfortunately true to his word, and the builder was our savior as we fixed the "BS auto cad" his twenty something tech weenie produced, over and over again.

Like anything else, know what you are buying, and when someone tells you what they truly love, they may very well also be telling you what they loathe.

Robin wrote. "... I think there has just been way too much scolding on Houzz lately and not enough educating/advice..."

Ignoring your "scolding" double posts, educating/advice is always a good thing. Thank you.

But "educating/advice" is a two-way street, i.e., there has to be sufficient information posted in the first place, and there has to be a desire to learn in the second place.

We have a range of examples of both of these conditions in the current forum postings.

With the permit already pulled, nothing is on your side to be able to get a good result. Or even a fast result. Everyone can hold you hostage while the clock ticks. And charge what bet they want. Because you now have a deadline that you shouldn’t.

Why did you even pull the permit if there were changes left to be made? That’s jumping the gun big time.

The problem you have is a muddled chain of responsibility. If an architect draws construction documents for a project, he or she is responsible for the accuracy and reliability of the information in those documents until completion of the project. By hiring a new person, you have made someone else responsible for working with documents they did not produce. An awkward situation that exposes all parties involved to liability from work they didn't do.

I agree with Summit Studio. Most designers/architects don't want to be responsible for mistakes made by others. Ditto for a builder asked to pick up a project mid-stream. I suggest you get a letter from the original designer clarifying the change in designers and what errors and omissions in the plans that they will be responsible for.

I can't speak to your municipality's requirements, but ours require any changes to plans be made by the original plan designer. If this applies in your area, perhaps a copy of the original designer's hand off letter for the code official's file will suffice.

Best wishes for a successful project.

We are currently dealing with our Architect since Jan 2021... We gave them a set of plans and asked for a couple changes on it only... The husband kept adding more changes we didnt even ask for ...to make it "his design" ? It took them 6 months to get the plans the way we initially asked them to do... They "said" they have had much experience with our county to get building permits..... Initial submittal.. June 2021... They wont answer our calls responds only via email .. when WE contact them asking what is going on

We get the same... "just one more thing and that should be it" response.... wait 3 weeks ..email them asking for update... This time we called county... wasnt "one more thing" there are TWENTY OPEN QUESTIONS county has.... 1....from last November..... I have a contractor who is willing to help push this through... but they wont put him on the permit... We are literally being hostage by them... OH... did I mention because of this delay we are losing our low rate construction loan.. and will now "get to " pay higher mortgage....

Ive had much experience working with the county..... so I dont blame the county anymore...This is purely incompetence on our Arc.

Start your own discussion.

No thanks

We all know that tile installation mistakes dominate this forum, but I'm wondering who is in 2nd place? The non-responsive architects are strong contenders for spot #2.

@HU-78016358

"start your own thread" ........"No thanks." Why not?

" We gave them a set of plans" WHOSE plans? Another arch? Yours? Plans from a draftsman? That you bought online?

" The husband" wanted to make it his own design.....what? It's a husband and wife arch firm? Your husband ? What???

June 2021 was still a work from home semi lock down in many areas.......yes, even architectural firms. Even large format copy shops were still in a form of lock down. Underlings in arch firms got the virus....and the shop goes in back log.

What is the SPECIALTY of the firm? Residential or commercial? If the latter? Bad choice. The commercial archs are not FOND of residential work. That is fact. Large public projects will always take precedent.

Has this firm been to your site, have you had meetings in person or are you just emailing a PDF of someone else's work?

If that's the scenario? Bottom of the pecking order in a build and remodel frenzy......is where you will be.

A thread that shows as three years old often doesn't get a peek. Just sayin......: )

"Tile installation mistakes" is #2; good advice that gets ignored is #1.

Getting mad at good advice is right up there.................ahead of ignoring the good advice

LMAO

Why? It sounds like someone who is "literally being hostage by them... because of this delay we are losing our low rate construction loan.. and will now "get to " pay higher mortgage" is losing their a** in other ways than laughing.