All Forum Posts by: Jared W Smith

Definite red flags as others mentioned. As an Architect, I see a few other things others haven't mentioned. First is the timeline- 4 weeks will never truly be 4 weeks. They will tell you this but doing a kitchen and two bathrooms (one completely new) typically takes more time than that to do correctly. Also, are permits required for this work? Adding the bathroom need to be recorded for property certificate of occupancy? You don't want problems in the future with the Building Dept./Jurisdiction. The mention of the foundations "feels good" is just odd wording. Settling occurs but at certain points specific repairs/replacements are necessary. As a novice in this scope, I would have a person on your side like an Architect or Owner's Rep or as others stated, hiring your own GC. Having your own lender and attorney is a must. Trust but verify everything.  Hope that helps @Liz Lynn. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Quote from @Michael L.:

Salute to my BPers🫡! Hope you all are having great experinces. Got a couple questions:
1. When building a new construction, can the right civil engineer prepare all the necessary site plans w/o needing an architect?

2. When should getting an architect envolved be a "no brainer"?

An early thanks to any guide given.

Hello @Michael L. Though a civil engineer can do most site specific tasks including plans, they will be limited on understanding the full design and overall theme for the project beyond their scope. An Architect would be tasked with understanding and planning for the bigger picture. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

If you will need an Architect to file for the ADU anyway, then I would get one onboard when you're ready to start. Part of your consultation should include a basic walkthrough to see the complexity of project. They can surely give you a list of things that will need to be updated/changed.

As far as the project itself, submitting for permits can always have documents state “proposed” and then make all the adjustments necessary after permit is issued. However, this will be up to the Architect’s comfort level. You should also inquire with the Architect, if the Inspectors typical do a pre-inspection meeting when the permit is issued before work starts. This can mean you’ll have to divulge that some of the work has already been done when filing. Really depends on the City/Town.

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Quote from @David Rutledge:

If the architect does agree to give me the plan set am I able to submit them myself or do I need a licensed person need to do that?

Ask the City. There may be nuances to doing it yourself, especially if you aren't familiar with the proper forms, how to fill them out and what will occur if the City ask for revisions to the documents. The Architect whom created the plans is the only one who can revise them.  

Quote from @Bob Ritner:

The short answer that the architect must agree in writing to assigning a new architect or engineer of record and must agree to allow the new architect to take ownership of all work product and this is assuming that you can find a new architect that is willing to accept liability for plans that they did not fully prepare. You will also need to do this for any other engineering professionals that were part of the design team (structural engineer, civil engineer, geotech etc.) unless you can take over their contract from the old architect. This approach is the last resort.

Unless the property purchase agreement included an assignment of the architect's design contract that was signed by the architect, you have little leverage to compel them to perform other than throwing money at them to make it worth their while.

Option 1 (best option): I would highly recommend sitting down with them, getting a new contract in which they are contractually bound to you and throw enough additional money at them to get you to their front burner. This way you have leverage and if (when) there are issues during construction they are obligated to work towards a solution. This is the cleanest and likely the quickest solution.

Option 2: Hire a new designer, keep the original engineers (with a new contract) and have the new designer start over with enough design changes that the old architect does not sue you for copying their design. This will still be quicker than starting over, but you will still need to start from zero with architectural plans and plan check. 

Option 3: Start over with an entirely new design team (if engineers will not play ball).

Option 4: Have your broker contact the seller's broker and get the seller to push the architect since they advertised that the plans were almost ready. This may help wrap up plan check but you will still need the architect and engineers to perform certain services during construction so you will need a contract with them for this portion of the project.

Option 5 (worst option in my opinion): Change designers and get the old architect to release the plans as discussed in the first paragraph. This option is fraught with challenges and lets both the new and old architect off of the hook for design errors. There are other potential issues nuances with this solution that are beyond the scope of this short post.

This is a difficult and frustrating situation and I hope you can resolve it quickly!

In my professional opinion, option 3 & 5 you've mentioned are the only plausible and realistic ones. 
1- New owner has no leverage what so ever if there's no contract already in place. Why would the Architect agree after so much work is already complete and they may be under some other agreement of services?? 
2-This is the same as #3, otherwise it's going to get messy and costly getting a new designer and keeping the old one. Just do #3. 
4-Doubtful either broker is going to get involved after property has Closed. The time for due diligence was before purchase so buyer has leverage. As I mentioned, most Architect's services and "instruments of service" are not transferable or assignable which confuses this issue since what scope of services is the Architect operating under for the new owner?? We may be missing some information from the poster.   

Start with #5 and if not that do #3. 

Hello @David Rutledge

First big issue I see- Don't purchase properties with a broker that has pre-selected an Architect and claims to have plans "in the final stages".. whatever that means. You have not vetted this person or know that they are experienced and capable of accomplishing the project. From the start the Architect's "plans" should have been utilized as a basis and you validate them and/or search for another Architect for comparable services. Seems this one doesn't know what they are doing or is just too busy to handle your project. 

Do you have a contract in place? What does it state about deliverables and times? What is the termination clause? I ask this since 99% of the time, the plans/documents ownership stays with the designer whom created it. So if you do start from scratch they will need to generate all the documents all over again. I disagree with @Bob Ritner in that since the project hasn't been filed yet, you do not need any cooperation or assignment from the current Architect. In the eyes of the City, nothing has begun. If anything, this is the perfect time to switch Architects before submission and the current Architect becomes the Architect-of-Record with the City. At which then Bob's words ring true after filing. 

Also- Almost never is an Architect services/contract assignable. Ask, but I am very doubtful. If I am working for one party and ownership changes, my contract terminates. I am not obligated to any next purchaser. This goes for the plans/documents to. My contract says they aren't assignable either. Only for use by the owner whom retained my services.   

My suggestion is to terminate the contract if you are unhappy with the services and they are not abiding by what you need. Ask for the base plans/documents so you can continue the project. He/She may allow this and ask for your to sign a disclaimer waiver. Especially if you are paid up for the Construction documents. If he declines, unfortunately you'll have to start over.

As I mentioned, this is the time to switch if this person hasn't garnered your trust in moving forward. It will only get worst as the project proceeds.   

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Quote from @Ray Hage:

If it doesn't cost a lot to add the bed and bath, I certainly would and absolutely do it with permits. FIgure out the all in cost with estimates from contractors and go from there. Let's say it costs 15k to do the conversion and rent for it would go for 1200. That's a pretty easy  and fast payback period. If done correctly, I think itll be a big win.

Agree with Ray. 

However, make sure you do not make a non-compliant situation. Let me explain. Sometimes the zoning and required yards/setbacks are different for the main structure as opposed to an accessory structure like a garage. Therefore, attaching the house to the garage makes the garage now part of the main structure and applicable to a different set of requirements. Have a local architect (whom could help with plan, permits and filings), to check this feasibility before considering this option. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Sounds as though it may be best for your to find a local architect or engineer that you contract yourself to generate the plans and file. As the property owner you should not be allowing the GC to hire a Engineer/Architect for this role when it's actually the opposite relationship. The Engineer/Architect can be your eyes and ears at project and ensure the GC is doing the work and in compliance with the approved plans. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Quote from @Cathy B.:

Contact your jurisdiction's building department and ask.  I believe that may be here:

https://www.nyc.gov/site/buildings/dob/contact-us.page

Unfortunately Cathy, the NYC DOB won't give much information without a filing and exact scope of work detailed. But they can give some basic info. Best to reach out to a local architect that works in NYC, like myself. 

@Abe Rouz 

Basic Info: A single family to 2-family is the easier of the conversions since a 2-family doesn't trigger Multiple Dwelling Laws (3-family and up). Zoning District must be a R3 or higher for a 2-family to be legal. The legal process for a conversion is document heavy as you are changing the residential occupancy from 1 to 2. Both units must meet all Codes of today. Generally no non-conformance (grandfathered) aspects can remain unless it's untouched exterior item.

It has to make sense for the numbers. Expediting cost is like $6-8k alone. Construction can be $50k or $150k or more. Depends on how much needs to be changed in house/building for Code  compliance. This varied scope also makes the Architecture and Engineering fees very specific to the project/property. Plus there are several NYC required inspections and fees and such. Soft cost (like the expediting fee, arch & eng fee, filing fees, zoning exhibits, topo land survey, Asbestos testing, etc.) can easily be $50-60k excluding Construction cost. I've given this information to many investors (a lot of which from BP) and typically it doesn't pencil. Unless you take the loss on the conversion cost and recoup over many years to come or if property is dirt cheap.  

If after purchase you want to do conversion, reach to discuss: Jared @ ArchitectOwl.com  

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Quote from @Crystal Smith:

We are in the planning stages to build a Commercial Driving License (CDL) School in the Chicagoland area. Presently competing for land to build the school on.  If you know of any architects please reach out.  We are also looking for contractors to build the school. 

Your best bet is to look for local architect in Chicago by project type. Working and building schools is a niche and not all architects know how to do them efficiently. I worked in the Educational sector for almost 7 years working on k-12 schools and there's an art to understanding the standards, Codes and school program. Maybe reach out to Chicago AIA. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)