LINDY SMALL ARCHITECTURE

Lindy Small Architecture charged us to prepare plans, coordinate with the structural engineer and SIP panel company, prepare construction documents and submit plans for a permit. After reviewing these plans, the planning department sent a deficiency letter with a long list of points that they required be addressed prior to resubmission. Lindy Small then sent us plans that she stated were ready to be resubmitted. When we reviewed these plans, we noted that many of the points in the deficiency letter had not been addressed, and there were many other errors in the plans. When we pointed out these errors and omissions to Lindy Small, we received no acknowledgement of responsibility, no recognition of the errors and omissions and no offer to correct these mistakes. At this point we had already paid more than $50,000 to Lindy Small Architecture. Lindy Small invoiced us in addition to this amount for work that we did not see reflected in the plans. Instead of rectifying these mistakes, Lindy Small demanded payment for plans that were incorrect and incomplete. We felt that it was unreasonable to demand payment given the situation. While we had found a number of errors, we wondered how many other mistakes existed that we had not yet found. Until we knew what costs we would incur during the construction process as a result of her errors, we did not want to make further payments at that time. We suggested that we retain, in escrow, the remaining funds that we had been invoiced by her (about $10,000) until the project was complete, at which time we would deduct the costs that we had incurred as a result of errors in the plans and pay her any funds that were remaining. We asked her to propose an alternative solution if she did not agree with this suggestion. In response, Lindy Small Architecture terminated our contract. After paying more than $50,000, we had no permit and incorrect and incomplete plans that could not be resubmitted to the county or used as construction documents without significant revisions. She put a lien on our house. The contract stipulated arbitration. We paid a lawyer several thousand dollars to represent us in arbitration. Through our lawyer we proposed various settlement amounts but all were rejected. After almost 3 years, we recently found out that Lindy Small Architecture was suing us in small claims court.