Dealing with Construction Mistakes: What to Do When Incorrect Measurements Were Approved in Plans

If your architect submitted incorrect measurements on construction plans and the city approved the permits, you're facing a frustrating situation. This can be a critical obstacle to proceeding with your project and is a common issue that arises from oversight or error. Here's what you need to know and the steps you can take to address the problem.

Understanding the Problem

First, it's important to identify the nature of the mistake. Was it an error in the measurement of the lot, a miscalculation, or a misunderstanding of zoning requirements? The category of the mistake will determine the course of action you need to take.

Identifying the Error

One key point to consider is the source of the error. If the architect was provided with incorrect lot dimensions by the surveyor, this could lead to building a structure that may not even meet setback requirements or zoning allowances. Conversely, if the error is in the architectural plans themselves, such as incorrect room dimensions, this is a more straightforward issue to address.

Communication and Resolution

The first step is to communicate with your architect about the error. It might seem counterintuitive, but given today's advanced CADD software, it's rare for an architect to make such fundamental errors unless the data they received was incorrect.

Talking to the Architect

Politely inform your architect of the discrepancy. Provide them with the detailed information to rectify the error. If the error is theirs, they should be willing to submit a variation to the original permit using updated dimensions. In some cases, there might not be an additional charge for their time if the mistake was their responsibility.

If the error is not their responsibility and you have concerns, you may need to seek guidance from other professionals, such as a surveyor, to verify the measurements. This will help in resolving the discrepancy.

Plan Revision

Once the architect has corrected the error, they should issue a plan revision for resubmittal. This revision will need to be reviewed and re-approved by the city. This process can be time-consuming, but it's necessary to ensure that the building complies with local regulations.

When Builders Refuse to Work on the Project

It can be frustrating if no contractors are willing to work on the project due to the approved but incorrect permits. This might happen if the permits were issued based on a set of plans that do not comply with local building codes or if your home is a private residential project where you as the homeowner take personal responsibility.

Legal and Contractual Considerations

Given that no contractors are willing to work on the project, it might be time to review your contract with the architect. Your contract should stipulate the architect's responsibilities after the permit set has been approved. If the contract is unclear or doesn't specify the architect's post-approval obligations, you might need to engage legal counsel to clarify the terms and liabilities.

Engaging Legal Advice

If the architect refuses to make the necessary corrections or if you're unsure of your rights, you may need to seek legal advice. Legal recourse can include arbitration or taking the matter to court if necessary. It's important to consult with a professional who specializes in construction law to understand your options.

Conclusion

When faced with a construction project that has incorrect measurements approved for permits, it's crucial to take informed and proactive steps to address the issue. Communication, verification, and legal assistance can help you navigate through this challenging situation and ensure that your project meets all the necessary requirements.