Final Obligation

3 December 2012

Work on the house we have been building for the past three years is now finished, but our architect will not issue a final certificate because he has retired. Another architect is willing to issue a certificate for a fee of £700 but we have already paid the first architect £450 for this work. What is our position in this?

Answers

It all depends upon the wording of the agreement you had with the first architect. If he was contracted to see the job through to completion, he should provide the final certificate. If he wasn’t, he doesn’t have any obligation to do so. But in any case, it seems unfair on you if he evades his responsibility by retiring (unless the cause was sudden ill health) without letting you have notice of his intentions. Perhaps a letter from a solicitor may produce a result for you.

3 December 2012

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