Sunday20 August 2017

Arb issues architect with £500 fine

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In a separate hearing, an architect was reprimanded for unacceptable professional conduct

The Arb’s professional conduct committee has issued a Surrey architect with a £500 penalty order after being found guilty of unacceptable professional conduct.

Robert Allvey of Esher, Surrey appeared before the committee last month.

In a hearing that ran over two days the committee heard that Allvey’s clients raised concerns over their project with the architect and suggested a meeting. Instead of complying, Allvey told the clients that unless his firm’s fee was paid, he would report the site to the Health and Safety Executive and would withdraw the Building Control application.

Allvey denied the allegations and said his actions were “commercial leverage” and that at no point had the clients particularised their complaint.

The committee was satisfied that a dispute had arisen, and that Allvey’s actions were inappropriate and inconsistent with his professional obligations.

In deciding his penalty, the committee took account of the fact that Allvey engaged with the board’s complaints process and that this was an isolated incident.

Meanwhile, in another hearing earlier this month architect Iain MacFadzean was found guilty of unacceptable professional conduct and issued with a reprimand.

MacFadzean of Ardwell, Stranraer submitted a planning application on behalf of his clients but then failed to update them on its process and did not notify them when permission was granted. The committee also heard there was a delay of up to three months before MacFadzean submitted the building warrant application.

The architect accepted the allegation and said he had put in contingency plans to prevent similar delays in the future. He also said he was embarrassed and apologetic about the poor service provided.


Readers' comments (6)

  • If clients paid their fee in a timely manner I suppose this incident would not have happened?

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  • "seperate" isn't a word

    it's "separate"

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  • LunaVC -

    Sentences begin with upper-case letters and end with full stops.

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  • Whilst that may be true, two things to bear in mind:

    1. I am not a major publication representing a profession with proof readers

    2. I typed it from an iPhone with my big fat fingers.

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  • I like the niveau of debate here.

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  • Just think of the ARB and Allvey costs of this case which started as a dispute about fees of £4564.88.
    ARB costs say:
    a. Investigation, administration and ARB overheads = £3000:
    b. 3 tribunal members + clerk 1 day = £2500
    b. 1 solicitor advocate 1 day +prep = £3000
    c. room hire + side rooms = £1000
    TOTAL FOR ARB £9500.
    Allvey costs say:
    a. Defence solicitor = £1500
    TOTAL COSTS £11,000.

    Also note that the County Court decided the dispute in favour of Mr Allvey.

    In addition although Mr Allvey

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