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Architect Liability for Extension Cost Overruns

Financial Times Companies •
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A homeowner faces thousands of pounds in rectification costs after a neighbour complained that their side extension is too high. The builder was following more detailed drawings provided by the architect, which differed from the original planning application drawings. The local council has threatened enforcement action unless the error is corrected.

Lenna Abulhawa, commercial litigation associate at JMW Solicitors, advises determining whether the issue stems from defective design or builder non-compliance. Architects must act with reasonable skill and care. If their conduct falls below this standard and causes financial loss, the homeowner may have grounds for a negligence or breach of contract claim.

The architect's contractual obligations are crucial. Those involved in design-only roles have different responsibilities than those supervising construction. Contracts may include terms requiring compatibility with planning permissions. Since planning drawings are often indicative, detailed construction drawings must align with approved plans. Expert evidence from an independent architect can help establish whether the detailed drawings were prepared correctly.

If the architect is found liable, damages could cover remedial works, alternative accommodation, and other consequential losses. All UK architects must hold professional indemnity insurance, ensuring compensation is available even if the architect cannot pay personally.