At Michael Fitzpatrick Architects, we believe in bespoke, unique solutions to each architectural challenge that our clients present to us. There is no plan sitting in a folder somewhere that we’ve already built before that delivers everything we want to do at a low enough cost. We know that each client who walks through our door is different, and that their project is different. Architects Canada estimates that there are 34,000 building permits issued in Canada every month. Although we may be a little bit higher end or focused on different types of projects than some of those 34,000, the demographic is the same: a new project designed that has never been built before, and will never be built again in exactly the same way. Making sure that we are communicating well with our clients through each step of the project is critical to having satisfied clients, and therefore to our long-term success. This is where builders and architects know that having great contracts is more than just legalese; it’s about clearly outlining how to do business with one another. These contracts include provisions for what happens when people are dissatisfied with the project, including damages, breach of contract, and sometimes even litigation.

If you pictured us renting a room, us standing at a podium lecturing about breach of contract, you pictured right. A breach of contract is when a party in a contract either does something prohibited by the contract, or fails to do something that the contract requires. When we’re working on a project, it’s important to have milestones and markers along the way that let us know where the project is, and where it’s going. We carefully document if there is a breach of the contract so that we can easily and clearly rectify any issues. In addition, a well-drafted, planned-against-future-problems contract can easily set out what happens in case of a dispute, including if the architect has been negligent or has not delivered their services as expected.

There are a variety of ways that an architect may be able to resolve a breach of contract, but one of the most well-known ways that includes sending a demand letter for breach of contract as a first step toward resolution. A demand letter is a written description of what you are alleging that the other party has done wrong. It is a formal request to the other party to correct it. Because we have such a specific kind of work, there are many cases where a demand letter for breach of contract is a very useful tool for resolution of contract disputes. One example is if the client wanted to build a lighthouse, and then along the way discovers that they wouldn’t be able to meet the standards for lighting. If they want to re-negotiate the contract, there are likely some provisions that were not fulfilled by either side. A demand letter for breach of contract can help explain what the problem is.

The truth is that every time you send a breach of contract demand letter, which contains a demand for relief from the contract violation, there is a risk that you will be taken to court over the matter. Many times, the client will just want to have a conversation to see whether it is something that is legally required of them. Unless you have a letter that says that the client has violated the contract, it might be hard to have conversations about the matter. Depending on the complexity of the architectural project, a breach of contract demand letter template might be a good way to simplify and streamline the process.

One of our biggest efforts is in helping the environment, particularly as it applies to energy in buildings and energy conservation. If a breach of contract occurs, it can be very important to look at whether the breach of contract has affected energy usage, for example. An example might be that the wiring doesn’t meet building codes, which can increase energy costs. A breach of contract demand letter can help get to the bottom of those types of issues as well.

Aside from breach of contract demand letters, there are many strategies you can use to help clients resolve their disputes. We’ve had clients that have been unsatisfied about the amount of time a project was taking, and worked collaboratively together to find out why that was occurring. In cases where a third party was ultimately responsible for the delay, the third party might pay for the delay. Or, it could be an issue in contractor and architect relations, in which case both parties need to communicate much better. What we know is that our advanced skills in the law help our clients to become more sophisticated partners in the project, and to adjust their expectations or demand for legal remedies when things have gone wrong on a project. It means that we are able to work together to solve problems for the long term. Our clients appreciate that we take the time to educate them about the law, and their legal rights, and that we help them avoid litigation in the future.