Legal Question in Business Law in California

Re: architect who did not comply with my requests

Your question raises a few additional questions. First, who is refusing to fix the problem--the designer or someone you contracted with to do the construction? Is construction under way, and if so is it too late to avoid improper work by correcting the plans? Was there any way the loft could have been designed to avoid the "crawl space only" situation, or was this inevitable if there were to be a loft at all? Were the plans submitted for pre-construction approval to the local building permit authorities? Were they approved? Was your agreement with the designer in writing? What about your request to add the loft to the plans?

In general, you will have an uphill battle getting a court to give you relief if you were progressing this addition project without permits or with apparent intent to violate any zoning or permit laws of your community.

Also as a general matter, a professional such as an architect would have a duty to advise a client when a requested feature such as a loft were impossible or impractical because of insufficient space, and "not his mistake" would probably not be a defense to a malpractice suit. However, if the plans were prepared by a mere designer, and the loft was requested by the client, it is much less likely there is any actionable malpractice.

Your original agreement with the designer probably contains a disclaimer. Check for it.

A lawsuit is probably worth the cost only if you have "clean hands" as to permits, etc., there is no disclaimer (or it is weakly written), and if you have sustained significant financial damage as a result of the mistake. If you think you have a case, see a local attorney and discuss both a fee-for-service and a contingency arrangement, the make your decision.

Re: architect who did not comply with my requests

If he held himself out as being competent to do the job and then was negligent he is probably liable