Architect contract

[Mingo]

Hi. We had plans drawn up by an architect for an extension. Once the cost of the extension was established, we had to go back to the architect and ask for them to be redone as the cost was double our budget (architect was aware). The architect refused until we agreed to pay the cost of the original drawings, which we refused to do as they were of no use to us. There is no contract in place, but we have exchanged a lot of emails.Â*

As we were desperate for the plans to get through planning, I amended the plans myself and submitted them to the council. Turns out the architect is not happy about this and says we have breached copyright. He has now asked the council to remove the plans (which they have done) as they are in the public domain. I've been very pleasant all along, asking to meet the architect and resolve this. However I do not agree we should pay for the original plans until we have assurance the architect will help us. The architect has also threatened to take us to the small claims court if we don't pay within the next 14 days.Â*

What are my rights on this? In law, have I entered a contract by engaging with the architect?Â*

The copyright issue is another matter, which I will have to deal with seperately unless anyone has any advice!

Thanks so much.Â*

[R0b]

Based on what you've said, I don't think you have any recourse at all. There are no specific forms that a contract should take and they can be done verbally or in writing - they don't need to be signed.

Unless somewhere in those emails it was agreed that the architect would do the first set of drawings for free, you are likely to have entered into a contract with him. Even if you didn't agree a price, he is entitled to be paid a reasonable rate.

The plans don't belong to you especially if you haven't paid him, the architect had the plans drawn up and as the creator of those plans, he owns all rights and interest in them unless otherwise agreed.

Can I ask, what makes you think that you can engage an architect to render services and for you not to pay him for those services? Would you go into a bakery shop and ask them to make something for you then pick it up and not pay for it?

[Dodiqq]

Your best chances are to pay the original fee deemed and this should come with copyright for at least these drawings. Then if you amend them yourself, depending how alike they are, you may be able to resubmit the application without having to resubmit the fee.

If you lose (and you probably will unless the design brief was for something completely different), you will pay a lot of additional fees and it will impact your credit score if somehow you are unable to defend or pay within a month. Got to think sometimes which battles you want to pick, honestly, this is not the one.