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architects liaibility and contract voided of builder deviates from plans

  • 1.  architects liaibility and contract voided of builder deviates from plans

    Posted 10-02-2017 13:31
    Can our contract be voided and have no liability for the project at all, if the builder changes things from the plans, such as changing a fiber cement siding product to a cheaper vinyl siding, changing the roof slope from a 12:12 to a 9;12,, or adding quoins  and shutters, and stick on keystones to where they do not belong , and certainly are not part of the design intent? When they do this, it makes the project less photgenic, less likely to have an architectural designed appearance, and has it looking more like a "handymans special"..... it is not the kind of house I want to have my name associated with. Can we put a clause on our drawings that may prevent this from happening?

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    David Zayas AIA
    Architect
    The Elias Organization
    Huntingdon Vy PA
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  • 2.  RE: architects liaibility and contract voided of builder deviates from plans

    Posted 10-03-2017 17:58
    You really need a lawyer to give you actual legal advice about this.  It will relate to contract law and precedent in your state.  However, I would also speculate that your contract would need to include and enumerated list of actions that void the contract.  That way, you and the other party have agreed to the terms.  But be careful.  Sometimes you actually want the contractor to add, subtract, or substitute something.  When that happens, have you voided your own contract?

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    Robert Braddock AIA
    Principal
    Red House Architects, PLLC
    Arlington VA
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  • 3.  RE: architects liaibility and contract voided of builder deviates from plans

    Posted 10-03-2017 19:28
    I have written a letter to the Owner under a similar circumstance. I can't remember exactly, but I think I requested my name to be removed from the drawings.
    Judith

    Bressack & Wasserman Architects
    751 Southampton Drive
    Palo Alto CA 94303 
    ph: 650 321-2871  
    fx:  650 321-1987 
    www.bressackandwasserman.com







  • 4.  RE: architects liaibility and contract voided of builder deviates from plans

    Posted 10-04-2017 17:49
    You may not actually be wanting to "void" the contract (i.e. make it like it never existed in the first place.), because there may be Owner responsibilities to you that shouldn't go away. You may be wanting to disassociate your name from the project, have a waiver of liability, have a hold harmless and indemnify provision, etc. that would not be possible with a voided contract.

    As was suggested, you should talk to a construction attorney to make sure your contract captures the provisions you are really looking for.

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    Richard Morrison
    Architect-Interior Designer
    Redwood City CA
    www.richardmorrison.com
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