My husband and I have been working on an addition on our house.We have the plans from an architect and were working with builder inthe planning stage.The builder took all the setback from the property and worked on theplans for the addition with the architect.Unfortunately, the permits did not get passed due to some zoningrestrictions (set backs from the property line).Now, we need to go to the zoning board (about $1K in costs).We paid quite a lot of money for the plans.Can I hold the architect liable for the cost of zoning?If we don't pass the zoning board can I hold my architect liable forthe cost of projects done to prepare the house for the addition? Can Iget the reimbursed for the cost of the drawings?My understanding is that the architect and builder should have knownwhat the zoning issues were and planned according to that.Any ideas, links or advice would be greatly appreciated. Thanks ...

Personally, I don' think you give us enough information to offer advice(although lack of information has never prevented many members of thisgroup from offering advice!)A lot depends on what you hired the architect to do.... in other words,what does it say in your contract? When I design a home, building,addition, or whatever, my responsibilities normally include reviewingALL legal issues related to the project. Typically we get an officialcopy of the property's plat from the county courthouse....which showsthe property lines, easements, setbacks, etc. We also check with thepublished regulations. This usually includes maps that show what zoningrequirements govern the property, including setbacks and lot coverage,maximum floor area, building height, etc. Here in San Antonio weusually have to investigate neighborhood districts and deedrestrictions, etc. Only then are we ready to begin designing. Indistricts covered by historic conservation regulations we usuallyrequest preliminary...

Can I Sue My Architect if Zoning doesn't pass?

Jul 24, 2005 42 Replies

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gruhn 20 years ago

Whew.

No worries. It's just that this stuff is of CRITICAL importance ;-)

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gruhn 20 years ago

Again I am saved from the bedevilling encroachment of senility.

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zenboom 20 years ago

12mhz ?! been a while since I heard that rating! ;] sweeeeet!

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