Highlander Architects

September In response to the rebuttal of my response to the initial complaint dated August 2014, reiterate that my understanding of the task requested of me by [redacted] of [redacted] , was to generate a “sketch” for a theatre platform that was to be used by the general contractor ONLY to construct the platform; it was never intended to be used as a space plan for this room or an architectural permit drawingHad I been asked to confirm the furniture space plan created by [redacted] for suitability to the room, I would have taken the time to prepare an Additional Services addendum to the design contract that I already had in affectI would know that t had to perform the code analysis and occupancy calculations which are a much larger scope of work and time commitment than creating a simple construction detailI have offered to complete a set of architectural drawings suitable for obtaining a building permit at no additional cost to [redacted] This includes the redesign of the existing platform to accommodate the inset steps allowing access to the extended top level row of seats; and extending the platform over to the existing storefrontThis drawing set would also include the necessary elevations, dimensions and details for the modification of the existing storefront to accommodate the new platformWe would also coordinate our drawings with the Electrical Engineer so that their required additional drawings properly address the outstanding electrical issues for the powering of the chairsThis offer goes above and beyond what I agreed to do and for what I was paid for on this projectIf the foregoing proposal is acceptable to [redacted] , please let me know and I will prepare a new written contract outlining this expanded scope of services, my fee waiver and the costs for the electrical engineering services.Thomas *B***, RA

12 September 2014
In response to the rebuttal of my response to the initial complaint dated 19 August 2014, reiterate that my understanding of the task requested of me by [redacted] of [redacted], was to generate a “sketch” for a theatre platform that was to be used by the general contractor ONLY to construct the platform; it was never intended to be used as a space plan for this room or an architectural permit drawing.
Had I been asked to confirm the furniture space plan created by [redacted] for suitability to the room, I would have taken the time to prepare an Additional Services addendum to the design contract that I already had in affect. I would know that t had to perform the code analysis and occupancy calculations which are a much larger scope of work and time commitment than creating a simple construction detail.
I have offered to complete a set of architectural drawings suitable for obtaining a building permit at no additional cost to [redacted]. This includes the redesign of the existing platform to accommodate the inset steps allowing access to the extended top level row of seats; and extending the platform over to the existing storefront. This drawing set would also include the necessary elevations, dimensions and details for the modification of the existing storefront to accommodate the new platform. We would also coordinate our drawings with the Electrical Engineer so that their required additional drawings properly address the outstanding electrical issues for the powering of the chairs. This offer goes above and beyond what I agreed to do and for what I was paid for on this project.
If the foregoing proposal is acceptable to [redacted], please let me know and I will prepare a new written contract outlining this expanded scope of services, my fee waiver and the costs for the electrical engineering services.Thomas *. B[redacted], RA

19  August 2014
In response to the “Customer’s Statement of the Problem”, please be advised that I was never hired or paid to create “architectural drawings” for the [redacted] at [redacted] Theatre. Although I was retained by [redacted] to create architectural permit drawings for the...

lobby area of this Condo building, the scope of the contract did not include the theatre. (See copy of signed Contract dated 12-5-13 attached).After the architectural permit drawings for the lobby were completed, I was asked by [redacted] to generate a “sketch" for a theatre platform located above the lobby. The sketch was to be used by the general contractor ONLY to construct the platform; it was never intended to be used an architectural permit drawing.Had I been retained to prepare architectural permit drawings for the theater, I would have outlined my expected responsibilities in writing and gotten a signed contract from [redacted].In a good-faith effort to resolve the issues set forth in [redacted]'s complaint, I am willing to complete a set of architectural drawings suitable for obtaining a building permit at no additional cost to [redacted]. This offer goes above and beyond what I agreed to do and for what I was paid for on this project. I cannot agree, however, to bear the costs for the required electrical engineering services and permitting fees.If the foregoing proposal is acceptable to [redacted], please let me know and I wiU prepare a new written contract outlining the scope of services, my fee waiver and the costs for the electrical engineering services and permitting fees.Thomas *. B[redacted], RA

September 1, 2014The purpose of this document is to rebut the statements made in a letter submitted to [redacted] by Mr. B[redacted] on August 14, 2014.The basic premise of Mr. B[redacted]’s rebuttal is a contradiction of his professional duty and responsibilities. It is normal business practice for a design firm to provide an architect with a preliminary space plan that shows ‘ideal’ furniture placement. It is the discipline of architecture that ensures that said document(s) are appropriate and the suggested furniture plan ‘legal’. Once a space plan drawing is given to an architect with the requested intent to create drawing(s) suitable for either construction and/or permit it is the professional responsibility of the architect to ensure that building code requirements are upheld and County laws governing the construction are satisfied.
Mr. B[redacted] conducted a site survey and neglected to accurately capture the ‘as is’ state of the theatre. To simply waive his obligation to ensure that the door swing was correct is absurd. The platform as designed by Mr. B[redacted] blocks one of the doors; the Fire Marshall has already indicated that this is a code violation.In addition, Mr. B[redacted]’s design introduced another safety issue. There is a gap between the end of the platform and the blocked door. Someone could easily lose their footing and hurt themselves. Secondarily, the back tier does not allow individuals to place their feet on the platform. The seating is too high and the platform too low. As Mr. B[redacted] overlooked the door swing too many theatre chairs were purchased. The room can only accommodate 15 versus the 16 chairs originally outlined in his design.To remedy the design flaws of Highlander Architects, LLC, the condominium association is demanding the following:
? Change the blocked door to a storefront window
? Redesign the back tier so individuals can comfortably rest their feet on the floor.This remedy entails a complete reconstruction of the back tier.
? Extend the platform to obviate the tripping hazard
? Refund the cost of one theatre chairThe anticipated cost to remedy the current design and to bring the theatre to code is approximately $13K.
Based on Mr. B[redacted]’s comments, it seems to be his impression that he has no professional or financial responsibility to ensure the safety of residents at [redacted] Town Center. This position is not shared by my firm or the client’s condo association.

Review: Highlander Architects LLC was hired to create architectural drawings for a multifamily property; one aspect of the engagement was to create theatre drawings. The theatre drawings that were created for construction were inaccurate and violated code and safety requirements. Highlander Architects LCC was given the opportunity to remedy the construction and design to ensure the safety of those using the facility, but rather chose to abdicate full responsibility so as not to incur any costs.Desired Settlement: Acceptance of responsibility and financial remedy for the redesign of theatre so it is both functional and safe.

Business

Response:

19 August 2014In response to the “Customer’s Statement of the Problem”, please be advised that I was never hired or paid to create “architectural drawings” for the [redacted] at [redacted] Theatre. Although I was retained by [redacted] to create architectural permit drawings for the lobby area of this Condo building, the scope of the contract did not include the theatre. (See copy of signed Contract dated 12-5-13 attached).After the architectural permit drawings for the lobby were completed, I was asked by [redacted] to generate a “sketch" for a theatre platform located above the lobby. The sketch was to be used by the general contractor ONLY to construct the platform; it was never intended to be used an architectural permit drawing.Had I been retained to prepare architectural permit drawings for the theater, I would have outlined my expected responsibilities in writing and gotten a signed contract from [redacted].In a good-faith effort to resolve the issues set forth in [redacted]'s complaint, I am willing to complete a set of architectural drawings suitable for obtaining a building permit at no additional cost to [redacted]. This offer goes above and beyond what I agreed to do and for what I was paid for on this project. I cannot agree, however, to bear the costs for the required electrical engineering services and permitting fees.If the foregoing proposal is acceptable to [redacted], please let me know and I wiU prepare a new written contract outlining the scope of services, my fee waiver and the costs for the electrical engineering services and permitting fees.Thomas *. B[redacted], RA

Consumer

Response:

September 1, 2014The purpose of this document is to rebut the statements made in a letter submitted to [redacted] by Mr. B[redacted] on August 14, 2014.The basic premise of Mr. B[redacted]’s rebuttal is a contradiction of his professional duty and responsibilities. It is normal business practice for a design firm to provide an architect with a preliminary space plan that shows ‘ideal’ furniture placement. It is the discipline of architecture that ensures that said document(s) are appropriate and the suggested furniture plan ‘legal’. Once a space plan drawing is given to an architect with the requested intent to create drawing(s) suitable for either construction and/or permit it is the professional responsibility of the architect to ensure that building code requirements are upheld and County laws governing the construction are satisfied.Mr. B[redacted] conducted a site survey and neglected to accurately capture the ‘as is’ state of the theatre. To simply waive his obligation to ensure that the door swing was correct is absurd. The platform as designed by Mr. B[redacted] blocks one of the doors; the Fire Marshall has already indicated that this is a code violation.In addition, Mr. B[redacted]’s design introduced another safety issue. There is a gap between the end of the platform and the blocked door. Someone could easily lose their footing and hurt themselves. Secondarily, the back tier does not allow individuals to place their feet on the platform. The seating is too high and the platform too low. As Mr. B[redacted] overlooked the door swing too many theatre chairs were purchased. The room can only accommodate 15 versus the 16 chairs originally outlined in his design.To remedy the design flaws of Highlander Architects, LLC, the condominium association is demanding the following:? Change the blocked door to a storefront window ? Redesign the back tier so individuals can comfortably rest their feet on the floor.This remedy entails a complete reconstruction of the back tier. ? Extend the platform to obviate the tripping hazard ? Refund the cost of one theatre chairThe anticipated cost to remedy the current design and to bring the theatre to code is approximately $13K.Based on Mr. B[redacted]’s comments, it seems to be his impression that he has no professional or financial responsibility to ensure the safety of residents at [redacted] Town Center. This position is not shared by my firm or the client’s condo association.

Business

Response:

12 September 2014In response to the rebuttal of my response to the initial complaint dated 19 August 2014, reiterate that my understanding of the task requested of me by [redacted] of [redacted], was to generate a “sketch” for a theatre platform that was to be used by the general contractor ONLY to construct the platform; it was never intended to be used as a space plan for this room or an architectural permit drawing.Had I been asked to confirm the furniture space plan created by [redacted] for suitability to the room, I would have taken the time to prepare an Additional Services addendum to the design contract that I already had in affect. I would know that t had to perform the code analysis and occupancy calculations which are a much larger scope of work and time commitment than creating a simple construction detail.I have offered to complete a set of architectural drawings suitable for obtaining a building permit at no additional cost to [redacted]. This includes the redesign of the existing platform to accommodate the inset steps allowing access to the extended top level row of seats; and extending the platform over to the existing storefront. This drawing set would also include the necessary elevations, dimensions and details for the modification of the existing storefront to accommodate the new platform. We would also coordinate our drawings with the Electrical Engineer so that their required additional drawings properly address the outstanding electrical issues for the powering of the chairs. This offer goes above and beyond what I agreed to do and for what I was paid for on this project.If the foregoing proposal is acceptable to [redacted], please let me know and I will prepare a new written contract outlining this expanded scope of services, my fee waiver and the costs for the electrical engineering services.Thomas *. B[redacted], RA