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Architect Questions

What is an architect?

An architect is a person that has education and trading in the planning, design, and supervision of any construction on buildings. To be an architect, the person must offer or render services with the design and construction of a building or group of buildings with the purpose of human occupation. In a profession sense, the architect is responsible for decisions that affect public safety therefore they must go through special training and gain a license to practice architecture.

Would an architect that owns his/her own LLC be protected by personal liability?

In most cases, yes the architect’s personal liability would be protected through the LLC since LLC stands for Limited Liability Company. If the customer can pierce the corporate veil and prove that the company was acting in a fraudulent manner.

If a person hires a architect and wants to build a 2 family house on the property in New York, how would a person get a variance to be able to build the house.

If the person creates easements on his/her property, then there may be a chance that the city may let the person have the architect build the home. As long as the person/architect complies with the codes and things, then he/she should not have any issues with the plans for the home in New York.

Can a architect in New York file a lien on a property?

Any person who performs services or provides material can file a lien. New York has a type of mechanical lien that someone who performs a service to fix something can seek a lien on assets to gain payment for the services that they perform if the person receiving the services does not pay what money is owed. This type of lien protects the contractors, architects and other service providers from the customer not paying the money that is owed for the service or materials provided.

If a person hires an architect and plumber and they missed the entire bathroom project and then finds out that they want to charge them again to finish the project, what can the person do so that he/she does not have to pay the costs a second time?

The person should send both the architect and plumber a letter that states the mistake that was made, that the person knows that they blame each other for the mistake, that the person is unsure of where the fault lies, and that the person knows as the customer, they are not at fault. The person would need to demand that the issues between the plumber and architect should be resolved immediately so that the bathroom can be fixed in a timely manner with no extra costs to the customer. If the letter does not work, then the person can file a suit against both the architect and plumber and have the courts decide who is at fault, and gain the repairs, damages and possible attorney fees.

When building or remodeling a home, a person would need to deal with an architect. When dealing with and architect, there may be confusion or questions that about the law, rights, roles and responsibility, etc., that the customer or the architect may have. For answers to legal questions about architects roles and responsibilities, ask an Expert.
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