Architects always own their work. You would be buying the ability to construct something from the instruments of his work, i.e., the hard files. He does not have to release any instruments of his work to you without proper payment per the contract. Your best case scenario is to make nice if you want anything productive to come from your expenditure.

Don't know your location, but it does sound as though you have little construction experience, and some, OK, a LOT, of incorrect expectations about the process. Custom homes always cost more than subdivision cookie cutters. Always. Always. Always. Sometimes by a huge amount. Double is a good place to start your expectations, and be happy if it's less. A tricky location, constant changes by one party ''helping'' that requires rework, and the inability to understand the lot's physical restraints, or that engineering IS required, says that there may be a very good reason that he wants a divorce here.

If you want the plans, be prepared to pay for the extra work that you are causing to happen. Otherwise, go to the binding arbitration and be prepared to be told the same thing.

Thanks for your response Sophie. You're right, this is the first time I've gone through the home-building process, I acknowledge I should have educated myself more before going through with it. But isn't that a big reason one hires an architect in the first place, to help guide you through the process of getting your house built? I was very aware of the engineering required, and paid for all engineering fees. We had several conversations about supports for the great room, where I specifically said I did not want the type of cross supports pictured in the example house. The architect said he could create moment supports that would eliminate the need for those. Then he disappeared for a month and when we met again the unwanted cross supports were exactly what he pursued with the engineer. It was as though he'd completely forgotten or ignored our previous conversation. I chose to give him the benefit of the doubt, and dutifully paid that month's fee in addition to extra engineering fees. The point is *the architect* made changes and added/subtracted things we never wanted, then blamed us for it. What you're referring to (sarcastically, I gather) as "helping," occurred when we would notice things like the mud room disappearing and being replaced by a giant closet we didn't want and had previously nixed. He said he couldn't figure out how to get the door to line up, he liked the way his solution looked anyway, and we'd get used to leaving our boots outside. He'd say he couldn't see how else it could be done. That's when my wife would try to figure out a solution, to try to keep elements we needed and expressed from the very beginning. There were several incidents like this... his unsolicited changes always leaned towards aesthetics, with total disregard for our day to day usage. Thanks for your advice -- yes, that would be my ideal outcome actually -- to be given the hard files in order to start construction this fall. I would have no issue paying the remaining fee for them. The point is they don't exist, we were still in the design phase. I doubt the architect would at this point render the plans we'd need to take to a builder. My big regrets are that I signed a contract without thoroughly understanding it and that I didn't terminate the contract myself after the first small red flags. It would have saved me a lot of time, heartache, and $$$.

There's always two sides to every story, and I've been on the other side of it often enough to feel like I've got a pretty good grip on being able to ascertain who is being unreasonable, greedy and distorting the truth...

From the tone of your letter and what I can attempt to read in the nuance, etc... (and despite being Trey Pist!), I'm going to make the judgement that you're the good guy in this very ugly/saddening story.

The points you've brought up in relation to the contract make it sound like a very standard architectural contract. The intent of that contract is not to say "the client is entitled to nothing until such time as he has paid every penny of a non-defined body of work". Yes, the Architect retains the copyright to the work, but when you have paid for work you should be entitled to the work that you've paid for.

I don't have experience with dealing with this other side of this equation, but I would start by looking for a lawyer who has experience with architectural contracts. He can at least guide you on how to start the arbitration process. Getting those cad drawings shouldn't be a big issue or much skin off the architect's back.

If you don't want to go through that process, a different, more principled architect should be able to re-draw the plan based off those xerox plans you have...it will be a couple of steps back, prior to moving forward...but hopefully you can turn this ugly situation into something that will bring you some joy again.

Best of luck!

Thanks for all the responses, we do have major exchanges documented in emails and have a ton of my wife's sketches. I have reached out to a lawyer, will hear back from her tomorrow... I hope the resolution will be straight forward and as painless as possible. Thanks again, all the recommendations and advice greatly appreciated.

And especially thanks for the encouraging words, we're feeling so broken after all this, they mean a lot...

And what were the results of meeting with the architect? Your goal is a house, right? Lawyering up is the worst possible step to getting a house built. That is the step you take after you are fine with kissing your 40K goodbye and having another 40K join it. And it still won't get you out of having binding arbitration and into a house.

I would agree with Sophie, that "lawyering up" is a poor method towards finding an amicable result. My recommendation in that regard was with the assumption that a meeting with the architect about procuring the cad files had already turned up unfruitful.

My only other recommendation would be to clearly define in your mind what you're hoping to achieve. This is just my opinion, but I think that a whole tonne of rehashing everything that has transpired probably only results in more anxiety and hurt feelings.

I would rather try to point directly and specifically towards getting the cad files and stay clear of muddying the waters with bickering about their past failings.

My two cents!

What would suggest we do as the next step? He did send a legal letter both by email and fedex, which is why we thought it was in our best interest to lawyer up as well... we thought the next step would be to have a lawyer draft up a response letter with appropriate list of negotiated terms -- bad move? Should we send that letter ourselves? We only have a few days left to respond as the contract legally terminates 7 days after receipt of the letter he sent...

Hey Bldg Workshop, thanks for the perspective. I agree with you and Sophie too, it just came as a total shock as only a week ago everything seemed back on track... so the wounds are fresh, I'm still processing :). We did try to schedule a meeting a week prior to receiving the letter, just to regroup and get back on the same page. He said he was busy and preferred we communicate via email until he'd made all the proper changes, then we could meet face to face. None of that ever happened as the next we heard from his was the letter to terminate...

What would be your ideal outcome? Would you get a house built? Or just lose the money, but be ''right''. You are most likely not going to salvage this relationship. So, what do you think it would take to have that happen? Have you actually asked him that question? Would you be willing to pay more to him instead of a lawyer in order to acquire the rights to have someone else complete the plan? Would you be willing to sign a waiver absolving him of any responsibility for the plans, but that would allow you to take them to someone else?

What do you actually want? Your money back? (NOT gonna happen.)

Thanks, those are all good points... I absolutely hate the idea of giving him another penny, but I hear you... I want the house. Some cosmic justice would be nice too but not holding my breath.

So, send him an email and ask him what it would take for you to end up with the plans. What would you have to pay, and what would you have to sign? You both want the divorce. You're just fighting over child custody at this point.

If you don't get a reply by Monday evening, then it's time for that binding arbitration. A lawyer's advice might help you gather the appropriate documents and as to what to say during that separation phase, but it isn't going to prevent someone else deciding who gets what out of the marriage. Because that is what you signed up for in your contract.

Next time you enter in on such an expensive contract, spend the $1500 on the lawyer on the front end.

There are many good points above by the contributors and I hope you are able to get the plans released to you by this architect. It will probably cost you the same to pay him off for the CADs as it would for legal services to sue him (with a potentially negative outcome).

However, you should definitely hire and attorney for the next phase of your project. Undoubably, you will need to hire a builder of some sort and you will potentially need architectural services during the building process. Hire a good Real Estate attorney (not any other type) to guide you through the next several contracts (building, architectural) so that you have less exposure in the future. Your attorney (and your contracts) must take your experience into account to make sure that there is no more repeats of this ridiculously stressful event.

As a builder I have worked with many architects for different levels of construction and I can tell you there are great ones out there, many of them. I personally never sign an architectural services contract based on the cost of the project, in my opinion, it is non of their business if I purchase oak hardwood floors or mahogany hardwood floors at triple the price. I always pay a fixed cost for the mutually agreed on scope of work and then an hourly fee for additional time spent beyond that.

Everyone is entitles to make a living and make money, but no one should be taking advantage of you based on your overall construction cost.

Final word of advice, in my experience, I do not hold architects responsible for providing me with true project cost. Perhaps they can provide a very general guide. Only the builder you hire can get you true costs. In most single family homes the architect is not out there hiring subcontractors, purchasing building material, or managing the construction process so why should they know the exact costs?

An experiences real estate attorney will provide the above guidance for you and much more. However, they are not the builders either, so in depth due diligence is super important. If/when you find the right builders, they should be your greatest advocate and set realistic expectations for you. Ask many questions and don't be shy about it.

I wish you lots of luck and success with your project.