Legal Question in Construction Law in New York

Can an architect certify just cause for termination without contract?

Question: Can an architect who draws up home plans for a fixed fee, then is not retained/hired for supervision during the homebuild, certify to the owner that just cause existed for the homeowner to terminate the builder of the home?


Asked on 6/19/07, 11:07 am

2 Answers from Attorneys

George Marco George A. Marco, PLLC

Re: Can an architect certify just cause for termination without contract?

It depends on the contract language employed between the homeowner and contractor as well as whether the architect ever inspected the work and the cause of termination.

You should have a construction lawyer review all of these factors so that the termination is not deemed improper should the case go to Court.

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Answered on 6/19/07, 12:14 pm
Kevin Connolly Kevin J. Connolly

Re: Can an architect certify just cause for termination without contract?

This sounds like we're dealing with an AIA contract, which requires that the owner have engaged an architect for construction admin. The owner's failure to do so under an AIA contract (A201, A107, etc.) is a breach of contract.

And no, for an architect who has not been performing CA on a project to sign off on terminating a contractor is just wrong. If the architect has been paid, he should tell the owner to take a hike. If he has not been paid, then he obviously has a kook for a client and he should file and foreclose his mechanic's lien.

If you are the owner asking this question, shame on you, you lowlife.

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Answered on 6/19/07, 12:38 pm


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