Not sure, but as a layperson it sounds to me like this is an engineer issue - drafts person has apparent limitations - You conversations did include a request but not how the draftsperson responded - Sounds like this person just ignored what they were not capable of.

From my perspective, you are the engineer, and she is only the draftsperson, not the designer. If you had asked her to do a detailed drawing of the home-site, with elevation lines, the need for stairs could have been identified at the design stage.

Thanks for the responses thus far. There was a topography map included in her plans which had grades and elevations. Based on those elevations was her response that there would be no need for stairs. My contracter has reshot the elevations and they are VERY far off. oh well. I can actually say that thanks to my contracter, I like the design of the house that i will end up with better. I get hung up the principle of it. Good thing I will like it better, what if that was not the case?

As a draftsman, I would have offered this solution for consideration.
I would have said to you, here are your plans with my perspective for a solution.
In the bid process, if you receive some level of reluctance over that method, yet you are comfortable with a particular contractor and award the project, I will be more than willing to meat with you and them and further upgrade to a method that you are both comfortable with which will be a permittable solution.

Its about ethics and integrity.

Since there was a topo map of the building site, with grades and elevations, this problem, involving extra foundation work and an additional set of stairs, should never have happened. If the topo map was inaccurate, then you might have grounds for a lawsuit. Was the site surveyed, by someone properly equipped?

I don't see the problem. Why didn't the contractor excavate for the garage like the designer suggested? That's what we do here.

dchall san antonio..
good point, exccept that i failed to mention that the garage attaches to the house via a breeze way and sits in front of the home addition. This would have created to much fall in the driveway to the garage. Hope my terminology makes sense :). Either way I suppose I have to make a decision to chalk it up to lesson learned or go after her. By the way, the lot was surveyed. just FIY.

Really, imho, a draftsperson is just that and not anything more. Had you hired an architect, then they would have been held to a much higher standard and you would have been able to "go after them" but then again, you probably would not have had this issue.

I'd let it go. You hired a draftperson who gave you a design opinion, which you apparently accepted. You did not press your contractor on the matter until you were into the building process. It's very gray to me about who, if anyone, is at fault. Mistakes happen, but you are satisfied with the result. Do you really want to go to the trouble of months of legal maneuvers suing someone who may not have assets to cover the additional costs...if you win? If you want to do anything, simply have a frank, respectful talk with the draftsperson explaining your unhappiness with that part of the design. It may help prevent this type of problem in the future for him/her, or you may get a new perspective. In my opinion, our society too frequently wants to find someone to blame or sue. Enjoy your new addition and let go of the stress. You'll live longer...

I agree, let it go. Let it be a lesson to YOU that you get what YOU PAY FOR.

An Architect or Engineer has professional liability insurance. Draftspeople, however able, do not (I imagine) - and, as mentioned, this would not have been an issue with a competent professional.

Put another way, would you ask a pharmacist to be your doctor or your surgeon? Probably not. Do you ask the person who pumps your gas to rebuild your automatic transmission?

I'm planning to build a balcony on three sides of my house. I don't really know the codes here that well but am a competent carpenter, who can follow plans. I think your story's made up my mind - I'll definitely talk to an Architect about what I want to do, or an Engineer.

Who did the levels, anyway? The draftsperson?

I'd say you got off lightly. How's that 'saving money' idea workin' out for you? ;)

Come to think of it, do you have a building permit? I can't imagine you do, since the grade issue would no doubt have come up. If not, your problems are just starting....until you have a permit you won't be able to sell your house, and are probably uninsured, and may be in breach of your mortgage terms and conditions as well.

We decided to live and learn. Hopefully we learned, as we now have to spend a great deal of money repairing mistakes that were made. Best wishes, Marla

It is pretty funny to suggest that someone could be guilty of not fulfilling their "fiduciary [sic] responsibility as a draftsperson"

A "fiduciary duty" is a legal duty to protect another party's interests, most commonly that of a trustee's duty to a beneficiary. The fiduciary owes complete loyalty to the beneficiary and is even prohibited from profiting in any way from the fiduciary position.

You said you hired a draftsperson instead of an architect in order to save money and it appears that you got what you bargained for. I hope you don't intend to save more money by getting legal advice from your contractor.

I have to say that I am really bummed at the tone of some of the postings above. I posted my question to get feedback, I was really disappointed that several people chose to use the tone and sarcasm. For the record, I paid the drafts person to get engineered drainage plans, grade calculation and had the property surveyed.
pbj999..I found you to be a stinker....were you having a bad day when you posted? I certainly do have plans, a lovely contractor. I let it go with the draftperson, will never give her a reference and have learned a lesson. Good enough for you?

kptwin - Glad you are moving on - we are all human and as I say to my children - we all make mistakes - sorry you seem to have had your nose rubbed in it - certainly that was not my intent

Not sure where you are with things but - this came to mind with a few projects and proposals in my neck of the woods - glad I went to local zoning board mtg as the project behind my home was denied - they are up hill behind me and planned addition, excavation, foundations etc.... I spoke publically about the run off/drainage issues -

Then I noticed across street from them excavation, drainage pipes, - so called town zoning to inquire if permits where issued - they came out a few hrs following my call!! yea town zoning - all things checked out and there were built in precautions with site changes to alleviate any run off

So, I just wanted to illustrate to you that hopefully your plans or fixes dont encumber another property owner

good luck

jejvtr- no problem, I was just taken aback a little :). We have a "drainage corridor" behind our house and no neighbors behind us so that is good thing. Hindsite is interesting...I was frusterated with our draftsperson but am SO HAPPY with my general, I am considering the draftsperson my ticket for my permit and nothing else. We have been able to tweek (is this a word?) several things to have a layout that is MUCH more appealing than the original design. We have passed every inspection first time, etc. We are now completely sided, paper on roof, sprinkler system in, electrical underway and are actually still enjoying the process all while living in the untouched 200 square feet with my two three year olds, 90lb dog and DH. I count myself fortunate :)!!!! thanks for making me feel welcome in the remodel post again!.

kptwin, glad to hear you're moving on.

Because I couldn't resist, here's my interpretation of professional responsibilities (I'm open to corrections or comments).

Keep in mind that architectural and engineering services are regulated. If you had hired a licensed professional architect or engineer and they committed an error or omission, then you would have legal recourse because they would have assumed "responsible charge" for their actions. Because you pursued professional advice from a non-professional, that person did not have the same responsibility as a professional. You might have recourse for the fees you paid, but not for damages. On the other hand, if the non-professional provided services that require a professional (for most residential construction this is NOT the case), then you would have recourse against them as would the regulating body. In short, I don't think there's a case, so taking it lightly and enjoying the improved result sounds like the best strategy. Don't sweat short-cuts - we all take them to some extent and hope for the best. If you're ahead on average, then you're in good shape.

I totally agree with not having a recourse for damages.Mostly it was in regards to the amount we paid the licensed drainage person and the draftsperson. Basically we have embraced the notion that remodeling has its learning curve especially when DH and I are nurses and not in the trade. There are questions we would definitly know to ask next time.(what next time?, I am NEVER moving :). We continue to feel blessed to have a builder who identified the plan issues very early and helped us work throught them as opposed to hitting us with a huge change order.