We've had a falling out with our architect over several issues and having come to the complete end of our wiks with him, we're now looking to see if we can get another one to do the rest of the sign offs.
Would i need to check this with the bank/solicitor? We know another engineer but have not approached him yet as we need to check it ok to do before telling the orig architect we'll be parting ways. How often does this happen and is it a big deal to hire another architect mid build?
Just for background info the orig architect seems to think it's his house he's building and is pulling rank on everything with us down to, colours of things, wouldn't let us make internal changes to the house when we asked, never makes his site calls when he says and expects us to re-arrange everything for what suits him. I'm so sorry we ever agreed to work with him.
The first thing you need to read - possibly for the first time - is the letter of appointment he asked you to sign and any terms and conditions that may be on the back of it.
These are included to protect the architect from unscrupulous clients, but the corollary to this is that sometimes they can be onerous towards the client - you need to establish your position.
In relation to dismissal, you will have to abide by any terms therein.
In the absence of terms you need to reach an acceptable resolution - if not you risk legal action, or may require to take it yourselves.
The weak point of your positions is that the architect appears to be diligent in the discharge of his duties, when the reverse is the more usual course of action leading to dismissal. While you cna certainly claim this is your house, it is also his design, on which his own reputation as a designer may rest in years to come.
Therefore don't get snotty with him - let that be his problem. You be the soul of reasonableness and explain why you feel you need to part. You should be prepared to put thereasons for the termination of his appointment in writing to him. These need not be long or involved and should be checked by a friendly solicitor to avoid potential defamation suits.
Finally you should discharge any fees to stages per his terms of appointment. This is a no-brainer, since most institute architects will request clarification of discharge of fees owing unless they see a dispute ongoing, at which point them may walk away to avoid entanglement. They cannot risk being accusedof supplanting a colleague.
If your architect is beign unreasonable in reaching a settlement, you could as a last resort refer him to the Institute, the RIAI - see ww.riai.ie
I'm presuming in all this that your architect is registered with the RIAI. Several people are not yet registered, whether through waiting for things to be set up or lack of final preparation of documentation or whatever. The Register is not yet deifnitive.
They may still be architects, but if your architect is not such as they and has no intention of registering then he may be committing an offence under the Building Control Act 2007, which only allow Registered Architects to continue to use the Title Archtiect after the operative date - May 2008.
John Graby, the Registrar has apparently taken a view that persons preparing to Register can still use the title to avoid disruption to their practice, but I would certainly check this out as well as your architect;s intention to register.
You will certainly need to check things with your Bank and solicitor as the appointment of your architect may have been requried to be approved to allow certification and draw-down of monies to proceed.
Finally, do not assume you will find just anybody to take over complex design work - some archtiects will be reluctant to be in the position of finising off another's design, some may be unwilling to sign off on work already covered up, while others may simply be incompetent to do either.
If you are looking for recommendations, PM me - and no, I am not touting for this.
I have come into contact recently with someone who has finished off more than one job by MRIAI's and he may be interested to add to his portfolio.
FWIW
ONQ
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.