All Forum Posts by: Jared W Smith

My parents house had a similar issue many many years ago. Condo HOA was run poorly and all ways looking to cheap out on necessary problems. These were attached condo, townhouse style. My parents were having relentless problem with the roof. Consistently telling them of leaking problems and the need for a new roof. The HOA continually patched and patch roof never actually fixing the problem. They threatened with attorney to no avail. Welp.. it got so bad we had buckets in me and my brothers rooms.. THANK GOD when my brother went to get more buckets one night and THE WHOLE CEILNG COLLAPSED! Dry wall, wet insulation and rotted joist. He would be been seriously injured or killed. Our home owners insurance stepped in and moved us out to a hotel for months and had the whole top floor renovated and new roof put on. The insurance then went after the Condo/HOA for failure to maintain the exterior where it affected the safe occupancy within. And the HOA fought it! like it wasn't obvious negligence. It was a long fought battle before it was resolved. Then the Board gave my parents the cold shoulder for many years after the event.. AS IF we weren't allowed to have a safe, DRY home to live in. F'in ridiculous. Good luck with your issue. HOAs suck.. @Shawn Regnier

Quote from @Manuel D rodriguez mendez:

Hey I need some help finding reputable real estate lawyers and title companies who are wholesaling/investor friendly preferably in the Westchester country area , any recommendations??

thank you

As far as Real Estate Attorney, reach out to a colleague and very good friend Paul Torres, ESQ. he’s right outside of Queens. I will DM you contact info. 

I am going to echo what @Matt Devincenzo alluded to. @Daniel Bryant

If you are not an Architect or in the industry, it's likely there was more time and energy spent to achieve the schematic design they came to. Additionally the Architect is building upon what was gathered in the prior phase from the township. I think this pricing is fair and on par with what I would expect. You should also remember, you aren't just paying for their time but also their expertise and experience. Without either of those they may take a lot longer (but this would be a bad thing) and could give you a design which is not well thought out, efficient or within compliance with the local Codes. @Carini Rochester alludes to this also. Knowing WHERE to look and WHAT to look for when designing is part of being a great Architect. 

Those two schematic drawings could have took 20 iteration to achieve. Looking at Zoning & Codes for: setbacks, easements, egress, accessibility, max height, max density, max open space, parking, site access, traffic access, utility location, environmental impacts, green building strategies, site orientation, optimal MEP systems locations... I could go on. All of this goes through most Architect's heads in schematic design.    

It's like if you went to 3 car mechanics who each charged you $50 and spent an hour working but none could fix your problem. But then to you found a knowledgeable mechanic who charged you $200 but solved the problem in 10 mins, would you be mad about what you spent? He had the expertise to know what to do. (Not a perfect example but I think it hits the point.)  

Architects typically charge based on the project location, size and complexity. Most projects are not the same (unless duplicate construction like a subdivision/cookie cutter houses). If you were accepting of the contract scope of work and fee before starting, then it looks like the Architect is performing well and meeting their end of the bargain. 

Jared W. Smith, RA - Principal Architect at Architect Owl PLLC     

Welcome from a fellow architect. All the best 

Quote from @Bruce Woodruff:

Unless you get a set of approved plans and have a GC bid them out for you, then you're just guessing. You can always use the $.x per SF method, but once again you're just guessing. 

Guessing is fine if you can afford to be off by $100k.....

A really good, old, experienced GC could possibly walk the site and with some drawings, provide a closer 'guess' bit you're not going to get within $50k of the final number without those plans....and note I said approved. You can use all the $.x per SF you want to , but when the city (plan-check) changes one little thing, you're screwed. Ask me how I know......

Co-sign. Price per square foot is only a range. 

I am working on a basement project right now where we are doing the second approach. As an architect, I am well suited to answer your question. Why haven’t you posed this to your architect since he gave you both options? If you have, what did he/she say? 

Without knowing the entire property info, answering will greatly dependent on the size of first floor and basement as well as how many things are on the first which would need to be rebuilt vs what’s in the basement. Also you’d have to probe the basement slab to ensure you have the space to complete the slab removal, excavate and RE-pour. RE-framing the first floor in my opinion would be more costly since most first floors contain a kitchen and bathroom which would need to be rebuilt and added to the floor framing and floor assembly cost. Basement usually only have utilities and boiler systems. Hope that helps some. 

Jared Smith, RA - Principal Architect at Architect Owl PLLC 

Quote from @Mohammed Rahman:

Hi Christian - how many units is the CO currently showing? What stage is the property in? Is it an already existing structure? Etc. 

I have a video on my social media about basement apartments in NYC you might find useful. Check it out on my IG/TikTok or FB, just look up ClosedByMo. 

Hello Mo, 

I watched the video you mentioned regarding basement units. You have some great information in there. A good starting point for those unaware of the Building Codes (BC) and legalities. However, you may want to refer clients to an architect for the detailed specifics. Based on the first text reference you showed, basements can be a legal rentable unit as long as they meet the minimum requirements for light, air, sanitation and egress plus gain DOB approval. Depending on the size and unit layout, this is not inconceivable. I have successfully achieved this several times.   

Also wanted to touch on the basement windows piece, as this can be confusing. Basement rentable units must have natural light (BC 1205.2) and air ("ventilation"; BC 1203.5) which by NYC BC must be a certain percentage of the room's area calculated as an operable glazing. You will almost always need windows wells to achieve compliance. Plus, and most importantly, each basement bedroom requires an egress window with a window well (and ladder if more than 44" deep) per BC 1030.1. Minimum size 30"h x 24"w. This is where you likely heard about the climbing out the window part. This is only a handful of things I have dealt with in basement units but hope that clarifies things.  

Jared Smith, RA - Principal Architect at Architect Owl PLLC

Hello @Christian D.

I am a local Architect. My service areas includes NYC (excluding Staten Island) and Westchester County. I have completed several projects in Brooklyn. One is in the filing/permitting stage now. Part of the scope of work is a complete overhaul of basement including egress window, new bathroom and putting a new slab down to increase the head height. Did a basement legalization in the Bronx also. I have been working with the NYC DOB for 10+ years. 

In order to better speak to your issue(s) and assess what the best next steps and services are needed. DM me or reach out directly to me at Jared @ Architectowl.com 

Jared Smith, RA - Principal Architect at Architect Owl PLLC

Quote from @Pavan Sandhu:

Ask for the CAD files to your project and/or refund on any work paid for and not received. Would need to look at your agreement to give you more input. 

Most if not all Architects treat their drawings/CAD files as instruments of service and won’t just hand them over. Even if he’s at fault for delaying services. 

Jared Smith, RA - Principal Architect at Architect Owl PLLC

Quote from @Chris Seveney:

@Victor G.

Question: what was his contractual scope of work? If it was do get drawing submitted and approved then he did his job. If he was not responsible or doing construction administration then this is a scope gap, so I would first confirm scope before sending threatening letters

I would find another architect or MEP engineer to resubmit the revision.

What @Chris Seveney said. Typically Construction phase services are an addition to the project after permits are issued. Check that your agreement mentions this and how it is handled. Specifically changes during construction brought about by the Municipality. 

Secondly, if you’re doing a project more than an addition or kitchen reno, get someone that is full time in that industry. Unless his w2 knows about his business and there’s a separation, it can be a huge risk to him. Insurance, equipment utilization, licensure, etc. 

Lastly, you may need a release for another Architect/Engineer to make the revision. It may not be as cut and dry. My agreements limit anyone from using the documents for any use, other me. So hiring another professional may be difficult.

Jared Smith, RA - Principal Architect at Architect Owl PLLC