On this side of the world, the burden of submitting plans to Municipalities is not the Architect's; If the client is calling you now, it would be to hire you in a consulting capacity. He may have been deceived by his Contractor, or may have carried out the construction as Owner / Builder. In either case, it is important he understands that it is possible that the improvements need to be torn down, if there is no sensible way to inspect the structural components, but at a minimum, uncovered, so you or an professional engineer may perform inspections.
As an Architect, in order to "legalize" you will need to record the existing as-built condition and prepare a demolition plan and / or directives of what and how will need to be uncovered, which may include extensive demolition.
The Owner with the contractor should then submit your new plans to the City.
Over here, the Owner is also imposed a per-diem fine, and the permit fees are doubled. For homeowners victims of fraud, there is a State recovery fund.
It is important for the overall benefit of our beautiful profession, that we stop selling a set of plans, as a product, when in actuality we are selling services. We should not relinquish our duties to be involved in the administration of the contract for construction. thet we should be equally or more concerned with delivery than the quality of the plans. To hand a homeowner a set of plans and not even be curious as to how and when the execution is taking place is in my opinion, a terrible professional omission.
Why don't more Architects start by asking their client, how they plan to deliver the project, inform the client of available options, and based on the Owner's preferences, prepare a contract that is consistent with this and places the Architect at the helm? Whether he was ignorant and taken advantage of, or decided to bypass the permitting on purpose, he now has no recourse; quite possibly does not carry builders risk insurance, and is now in trouble not just with the City but with the Financial institution for which this property is collateral. All things which could and should have been avoided by an Architect meeting the standard of care.
I am sorry if it sounds like an attack. unless this is understood, we will never elevate our profession.
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Ivan Contreras, LEED AP, AIA
Qualifier | Director
CONTRERAS MUNOZ & CO
Miami FL
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Original Message:
Sent: 10-10-2019 19:55
From: Timothy Mead
Subject: Unpermitted Work
Over 2 years ago I prepared a set of working drawings for a remodel. Last week the client called me because the building department sent them a violation notice of unpermitted work (my project). They want me to submit the plans for a building permit application. How should I handle this?
I visited the site, the project is built out! Looks pretty good! My drawings included demolition plans, electrical, structural, etc. None of this was inspected. The new space is already occupied.
Anyone had a similar experience?
Thanks,
Tim
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Timothy Mead AIA
Timothy N. Mead, AIA, Architect
Kihei HI
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