Not Getting Paid - Architect Fees

PHOTO: Amanda Moore

In how many industries would you question whether you are going to be paid after doing some work?

In architecture and other creative industries this issue seems to be fairly prevalent. Architecture involves expensive costs such as insurances, staffing, administrative fees, software costs, etc, etc. It can be very disheartening when a client says that they will not pay your invoice.

But why does this happen?

I’ve seen it happen when the client is having a financial dispute with the contractor and they withhold architect fees ahead of the value of any dispute with the contractor. They want to hold onto any money which they may have to give the contractor in a contractual dispute. But how is this fair as the two relationships are separate? They may feel that the client could have avoided the contractor dispute somehow.

Sometimes the client’s project funding is in jeopardy, according to the AJ, this is one reason along with projects being held up in the planning process.

Other times it is because the client simply doesn’t like the work that you’ve done. Architecture is complex but it doesn’t always look complex. If you ask an architect to produce a design which meets your needs and will get through planning, should you trust their opinion as much as any other professional?

I have had a similar experience with public art projects where the commissioner hasn’t set a very defined brief to respond to. You try to produce concept designs which meet their need but all they know is that they don’t like this particular idea and they are not paying until they get an idea they do like. Or they are made up of a panel of people who are all disagreeing about which ideas they like and don’t like.

Recently, I’ve also seen clients proposing that you get a fee if you get planning permission. But you can’t guarantee this, just as you can’t guarantee that a particular medical treatment will work or that the value of your pension will go up.

General advice appears to be to try and resolve things out of court which only incurs fees. My own view is to take regular stage payments and to stop work if there are non-payment issues.