Legal Question in Construction Law in Pennsylvania

Client rights following architect breech of contract

We contracted with an architect to design an addition for $60,000. Six months later, he produced a design for which the lowest bid (contractors of his choosing) was $170,000. We paid half of the contract amount, even though the plans are useless to us. He sued us. He lost because he violated the terms of his own contract by suing instead of filing for mediation. Now, six months after the hearing, he has petitioned the AAA for mediation services. He knew that we didn't know the Amer. Instit. of Architects (AIA) had determined that the form he gave us was weighted too heavily in favor of the architect and against the client, resulting in at least three major revisions. It was not the current industry standard. He also crossed out the "arbitration" clause, which we didn't initial. Is it possible for us to request that the AAA deny his petition based on the history of the case? Do we have to contribute 50% of the costs for mediation? Will he be required to go to binding arbitration if mediation fails? Do we need to get an attorney that specializes in construction issues? Should the lawyer be the one to communicate with the AAA? Can you help us to end this nightmare? Thank you.


Asked on 9/02/00, 11:54 pm

1 Answer from Attorneys
Thomas Martin Law Office of Thomas Martin

Re: Client rights following architect breech of contract

You need to have the contract reviewed by an attorney to have your questions answered. Usually a mediation contract does provide that both parties share the costs but agreements do vary.

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Answered on 10/06/00, 7:57 am


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