The Architects Registration Board has issued Dundee architect Gerard Young of Aim Architecture a £5,000 penalty order after finding him guilty of unacceptable professional conduct and serious professional incompetence.
The hearing in Glasgow earlier this month heard that Young was instructed by the client to build an “eco house”. The client initially had the idea of a WeberHaus, but Young suggested a “Dwell House” and was a director and part-owner of the company that would supply it, Dwell Sustainable Homes.
It was alleged at the hearing that the client had a maximum project budget which Young said he could meet, but then she wasted fees and expenses through his promotion of using a “Dwell House” when in fact he could not deliver the project within that figure.
It was further alleged that Young failed to provide adequate terms of engagement, had failed to deal with a resulting conflict of interest between his architectural practice and Dwell Sustainable Homes properly, and that he failed to deliver the scheme within his client’s stated budget or adequately advise her of the costs of the project.
At the hearing, Young admitted that he had failed to provide terms of engagement that included provisions for termination, or his complaints handling procedure.
He further admitted that he had failed to seek his client’s written informed consent to continue acting for her after notifying her of his interest in Dwell Sustainable Homes Ltd, but denied that either of these allegations amounted to unacceptable professional conduct.
He also denied that he had failed to provide his client with advice in relation to the costs of the project and said that he had advised her that her budget was “tight”.
He said that the final figure he provided – almost a year after he was instructed and £50,000 over her budget – was realistic, and that his client did not at any time say that she could not exceed the budget, and that she would have to raise extra finance if it was exceeded.
The Committee found all the allegations against Young proved. It noted his assertion that he was sceptical about telling clients about how to end contracts and how to resolve disputes (as he believed it sent out the wrong message) and considered that he had failed to act professionally in this regard.
It further found that while Young had told his client of his directorship of Dwell Sustainable Homes Ltd, his client had not been asked to give (and had not given) written consent.
The Committee further found that Young was aware of his client’s budget at the outset and had advised her that the cost of the project was unlikely to fluctuate, but was then unable to explain why he advised her almost a year later that construction costs were likely to fluctuate so much so that the project ended up being 44% over her budget.
In considering sanction, the Committee noted that some remedial steps had been taken in respect of his terms of engagement, that he was no longer to be associated with Dwell Sustainable Homes Ltd, and that he had expressed great regret for what he had put his client through.
It did, however, also consider that the matters upon which he had been found guilty were serious and that a Penalty Order was appropriate in each charge.
It therefore issued a penalty order of £2,500 on the charge of unacceptable professional conduct and £2,500 on the charge of serious professional incompetence.
A copy of the Committee’s decision can be found here.
