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Home > Law > Other Law   »   Architectural Designer did not draw the plans as per my specifications

 
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Old Jan 29, 2007, 05:02 PM
jacie
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Architectural Designer did not draw the plans as per my specifications

In April 2006, I hired an architectural designer to draw plans for a 10.5 ft by 23 ft addition to the back of my house (with basement). I had limited building budget and told him what it was. My plan was to keep the addition as simple as possible so that I could afford it. My existing patio door was to be the only opening into the new section (new living room). my purpose was to have a new living room which would be off limits to my 2 cats and german sheperd (my house is full of animal hair all the time). We had a contract which did not state a due date but he verbally told me it would take 3 weeks. He charged me $3500 and asked for $2000 upon signing the contract. 7 weeks after we signed the contract I called him because I had heard nothing from him. He showed up at end of June with an open concept design - major demolition, kitchen moved, cathedral ceiling, etc.. I reminded him that my purpose was to have a room that would be off limits to my animals and that my building budget is small. He changed nothing. On July 27, I asked if I can take some time to review the drawing because I wanted to make a list of all the things that were not right about the drawing. He answered that the plans were his and not mine and I had no right to review them without his presence. Before he left my house, he insisted i give him another $1000. I did because he was scary (I am a small single woman with a young son) but I cancelled the cheque the following day. I asked him to draw the plans that I want and then he will get more money. He agreed but did not. He came to see me on August 10 without the plans and looking for more money. He threatened to take me to court. I reminded him that he had had $2000 of my money for 5 months now and I had nothing from him so good luck taking me to court. Following that I sent him a letter asking him to respect what I wanted done. Nothing changed so in September, I sent him a letter stating that I want to cancel and asked him to return my money and my belongings which were the drawing i had made to show what I wanted done, a set of preliminary plans which had come with the purchase of my house and contained all the measurements of my house saving him the job of doing that. At end of October, he sent me a letter accepting cancellation. He also returned everything but also included his plans, which I don't want because I cannot use. I cannot understand why on July 27 when he thought he had $3000 of my money the plans did not belong to me and now that I ask to cancel the contract he sends the plans to me. Can I take this man to court to get my $2000 back? Some of my friends say that I can't because he did do work. I have no intention of using his plans. Plus I think that he may have had some kind of plan because on July 27 and on august 10, he was saying that ONLY 'his guys' were going to do the construction. I did not even know he had 'guys' and I wonder if that is why his drawing for my simple addition was so elaborate. the contract was only for drawing plans. Any advice is welcome. Thank you

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