Metuchen, NJ · Member since 2015 · 374 posts · 27 votes
Hello,
I had the unlucky misfortune of getting a very tough building inspector on a project I'm working on.
The building inspector is asking for specs on what type of bolts should be used to attach the lally column plates to the footing and the architect blew up (said he wasn't an engineer) and called the town and took himself off the job as the architect on record (I kid you not).
Watertown, MA · Member since 2016 · 41 posts · 22 votes
8y
@Tom W. I don't known what you do for a living but you're right on with your comments about the roles of the architect, inspector and contractor. Sounds like you've been in the field for a while.
@Ben C. I read some of the earlier threads but I was hesitating to comment (and blame the architect as some have) because I didn't have a full picture of what was going on. I still don't, but when you explained that the contractor had to open up concrete to expose the footing for inspection, it made sense. I'm a licensed architect and a contractor myself, and I can assure you the contractor was the one who should have known better than to cover a footing before an inspection. To throw the responsibility to deal with this problem on the architect who didn't have anything to do with it would be frustrating to me too, so I understand why he pulled himself off the project - my guess is that this issue was not the only thing that put him over the edge.
MY SUGGESTION:
I hope you're not done paying the contractor. Take responsibility for finding a solution and deduct whatever it costs you from your final payment to the contractor. If you've already paid him in full then the cost will be out of your own pocket, unfortunately. You should never pay a GC in full until the permit is closed out.
If the original architect would be willing to provide what the inspector is looking for, offer to pay him hourly for the extra work, and hopefully deduct from final payment to GC. If the original architect is no longer an option, find another architect or a structural engineer, offer to pay them hourly, and again, deduct from GC's final payment if possible. If you're going to find someone new, I would suggest a structural engineer instead of an architect, because many architects don't do structural design, they will hire a structural engineer to work under their "umbrella". The footing, lally column and anchor bolt issue is more of a structural design than architectural. In any case, I would not trust the GC to find someone to provide what the inspector is looking for. And by the way, make sure that whoever you hire also inspects the contractor's final installation and approves it before you get it inspected, because the inspector will be looking for the design professional's seal of approval.
Metuchen, NJ · Member since 2015 · 374 posts · 27 votes
8y
Doron Rice thank you for your super insightful response. Helps that you are from NJ also. At this point I am throwing in the hotel and hiring a structural engineer to issue a letter in regards to these bolts so the architect is off the hook.
However, I was planning on having my lawyer issue a letter of demand to the architect that he can't simply walk off the job at the time of final inspection. What do you think? I can't get the final permit closed and passed without having at architect on record no?
Doubt I can expect a structural engineer to become liable for all the plans when it is 99.9% complete and he needs to issue a letter about a screw.
Let me know as I need to get this CO and can deal with making him responsible for his actions after
Doron Rice thank you for your super insightful response. Helps that you are from NJ also. At this point I am throwing in the hotel and hiring a structural engineer to issue a letter in regards to these bolts so the architect is off the hook.
However, I was planning on having my lawyer issue a letter of demand to the architect that he can't simply walk off the job at the time of final inspection. What do you think? I can't get the final permit closed and passed without having at architect on record no?
Doubt I can expect a structural engineer to become liable for all the plans when it is 99.9% complete and he needs to issue a letter about a screw.
Let me know as I need to get this CO and can deal with making him responsible for his actions after
I like your strategy and I'm almost certain that you wont need the architect to obtain a CO. If there are any drawings that the architect needs to submit for approval so yes but it looks that the only hurdle will be resolved and signed by a PE (Engineer). The architect is liable to any drawings he signed and sealed so the engineer will be only liable to the part he submitted.
Metuchen, NJ · Member since 2015 · 374 posts · 27 votes
8y
Doron Rice that was my thinking. I will explain to the structural engineer the situation. And ask that he write a signed and sealed response to the building inspectors couple points where he is seeking clarification (they have never asked for additional drawings).
The architect has no right to call the building department and state he is no longer the architect on record while on the 1 yard line because he was mad at me for stating a structural engineer isn't require (which I still don't think it is but I digress).
I will update you tomorrow on what comes out of that meeting.
Thanks so much for all your great advice.
As George's dad would say in Seinfeld. Serenity now...
Developer · Austin, TX · Member since 2014 · 266 posts · 110 votes
8y
Do you have a contract with the Architect? If so, they are required to fulfill the terms of that contract. If they still refuse, you can follow up with the state architect's board and see what your options are.
Metuchen, NJ · Member since 2015 · 374 posts · 27 votes
8y
David Ferrette yes I do. I found another architect who for a small fee will address the final points from final inspection.
After I close on the house I will be reporting the architect to the state board.
Metuchen, NJ · Member since 2015 · 374 posts · 27 votes
8y
@Doron Rice the building inspector actually cited the UCC code stating the ONLY an architect can submit information to the building department on a residential project and a structural engineer is not allowed (the structural engineer can run a report and give that information to the architect but the seal and letterhead must be from the architect).
Investor · Denver, CO · Member since 2015 · 138 posts · 73 votes
8y
Agreed, this sounds like a structural engineer's role - find a structural engineer to inspect the way the footing is built and see if he can provide a letter.
Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
8y
Get a local licensed Professional Structure or Licensed Civil Engineer to finish it up. I think there is more stories than just a missing bolt type requirements. The PE will review the plans and add more specifications etc. Not a big deal.