SHOP PRODUCTS
Houzz Logo Print
tkripala

Design error and what to do?

tkripala
10 years ago

In our house Addition+Remodel we have a new kitchen addition (a U-shaped plan see attached with shaded areas marking new walls) with a new roof and in the design the architect had drawn in a 10 foot wide x 4 feet high window opening. The ceiling in our kitchen is 8-feet until about 3-feet in then it rises to 9 feet.

Earlier in the week I was at the house and the builder had just completed the framing of the exterior kitchen wall and framed in the window rough-opening. While I was looking at the opening, I felt that something was wrong. It didn't seem that the opening was high enough to accommodate the window, the kitchen counters, backsplash and the garbage disposal switch. So, I took some measurements and started measuring from the ceiling down. I have a 4x10 header and the bottom of the header measures 7' to the subfloor. The rough opening for the window height is around 4' 0 1/2" and the distance from the bottom of the rough opening to the subfloor is ~ 35". My kitchen counters (cabinet plus counter top) is at 36" basically leaving no room for any kind of backsplash, window trim (at the bottom) or any of the switches or outlets (I could move these to the side of the window but it is at least 5' from the center of the sink to the wall).

I discussed this with the builder to see if there was anything we could do to move the window rough opening up and recover around 3-4 inches. He said yes but that we would need the structural engineer to replace the 4x10 header with a 4x6 header and whatever other changes would have to be made to compensate the load distribution. The other option is to replce the window with a smaller (in height) window.

As you can infer, the windows were already ordered and sitting at the window company waiting to be delivered and installed.

Of course, the window company will not take returns and they have offered to order me a replacement window at cost. The original window cost me $2000 and the next smaller window is about 8" shorter and costs $1700.

So, first question, is this a design error? I would say yes but how to prove it conclusively? If it is, then should I get my architect to cover the cost of the replacement? How should I make my case without incurring any repercussions from the architect? (What if I need her services during construction and she becomes unavailable or creating more difficulty?) What do I do with the original window?

Thanks!

Comments (15)