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michangreen1

10:35AM | 08/03/03
Member Since: 08/02/03
3 lifetime posts
Bvdecor
a paid $3000 for the design phase of a residential home remodeling project. the contract i signed stated that the designer shall provide schematic design drawings and design development drawings.

i've requested copies of these drawings--i have approved the plans and have approved the drawings. however, the designer is trying to get me to sign a contract for the next phase. he is telling me that these drawings are not available to the client until after construction documents ($6000).

i need these documents now to arrange for financing and to even decide if i want to proceed.

what now? thanks

treebeard

02:51AM | 08/04/03
Member Since: 01/14/03
265 lifetime posts
If the document you signed for the design development phase of the project states clearly that the architect (designer) will provide both schematic and design development plans (drawings) and does not pre-condition that provision with the signing of yet another document, then the designer is legally bound to provide copies of those drawings. He is not bound to give you the originals. If he's balking at living up to his end of the agreement, I'd do two things. First, I'd contact my lawyer just so the legal wheels commenced to turning. And two, I'd let the architect know that the signed agreement requires him to provide you with the plans, and if he still balks at that, I'd let him know that your lawyer has been appraised of the situation.

One more thing...I'd find another designer to work with from this point forth. This issue shouldn't be what it is, and this 'designer' you have is overstepping his bounds. He has, by that action, established quite clearly what his character is and what your future relationship with him may very well be. 'Extortion' is a word that comes to mind here quite clearly.

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