Architects are licensed professionals qualified to evaluate design feasibility, code compliance, permit requirements, construction documents, and project coordination. A contractor understands how to build, but can't determine whether a proposed layout is legal, approvable, or technically feasible.

However, there is a pandemic of contractors advertising falsely as "design-build."

First, design-build is not allowed in New York State on residential projects.

Second, this misrepresentation that contractors and architects are within one firm seems enticing and encourages owners to sign a single contract with a builder's firm. Owners are unaware of this nuance, and if they contract with a contracting firm that falsely advertises as "design-build" there are many potentials for a project to be delayed and for sudden cost increases to arise.

If you would like to read more on what design-build is and how to protect yourself as an owner, read part 1 and part 2 of our design-build series. Apartment Renovation NYC will explain why it isn't allowed, how it is advertised, and what an owner can do to better inform and protect themselves.

We have prepared several examples illustrating how owners can find themselves in unfavorable situations when signing a contract with a builder first, prior to speaking with an architect and without expert assistance.

A proper renovation begins with a professional study of the proposed floor plan. Floor plans need to be code compliant to qualify for permits.

To give an example, a builder was advising an owner on a floor plan layout before engaging an architect.

Remember, a builder lacks the qualifications to advise on floor plan layout feasibility, and advising on a floor plan would misinform the owner.

Specifically, in this case study we are showing a builder promising an unachievable floor plan, or in other words a noncompliant floor plan. This builder, and many similar ones, signs a contract with an owner based on their interpretation of layouts, which is not good practice and caused issues on the project.

The builder's oversight was missing the code requirement that every habitable space needs window glazing areas of at least 10% of a habitable room's floor area.

In the floor plan layout that the builder suggested there was not a sufficient amount of natural daylight in the dining room, resulting in a noncompliant floor plan.

Good practice is when an architect determines whether the proposed layout is code-compliant before the owner commits to a contractor or construction price.

An architect shall advise on the floor plan layout, not a builder.

Case study 1

Inaccurate cost estimates by builders are common on NYC renovation projects when they are provided prior to an architect's involvement. True construction cost estimates are based on architectural drawings and specifications.

In our second case study we show an apartment renovation project on an Upper West Side co-op, where a builder provided an early construction cost estimate for a new powder room before an architect prepared the drawings. The builder did not account for a required two-part waterproofing membrane in the floor assembly of the new powder room, due to the proposed location being above the building's basement electrical meter room.

Architectural documents provide contractors with a clearly defined scope and allow owners to compare bids more accurately. Without a proper architectural drawing set, a low initial estimate quickly increases through change orders and added costs.

Case study 2

Entering the construction phase, builders must follow the approved architectural drawings as the guidance to build from.

A builder must know how to read the information available on the architectural drawings, reviewing the details, specifications, and notes prior to construction work. When a contractor fails to study the documents, the architect may need to spend additional time clarifying information that was already shown.

Because the architect is normally retained by the owner, depending on the contract in place the owner would be responsible for these additional professional fees.

A well-written owner/builder contract can require the contractor to reimburse the owner for costs caused by the builder's failure to review the architectural drawings, coordinate the work, or correct defective construction.

A successful renovation project requires coordination between the owner, architect, contractor, building management, consultants, and inspectors.

Certain installations must be observed before they are concealed, such as firestopping. Contractors must notify the architect and schedule site visits at the appropriate stages of construction.

In our third case, a builder installed gypsum board prior to arranging for our principal architect and NYC DOB-registered Special Inspection Agency, Lenka Ilic, to review firestopping inside a metal-stud wall. Portions of the completed wall then had to be reopened for inspection.

Clear construction procedures establish when inspections are required, how much notice must be provided, and which work cannot be covered before it is reviewed.

Selecting the right builder for your project is important, and our team assists with this task.

Case study 3

Owners are not expected to be familiar with construction laws — that's why hiring an architect to advise is the priority when renovating an apartment in New York City. Owners signing contracts with a builder can have overlooked protections against delays, errors, and sudden change orders during construction. Architects advising on owner/builder contracts is the industry standard that protects owners.

An important clause to include in construction contracts is a "liquidated damages" clause. This clause establishes an agreed amount that becomes payable for each day of contractor-caused delay. The amount must be reasonable and should not function as a penalty; this is one strategy that minimizes delays on a project by establishing clear accountability.

An architect can advise the owner about standard construction procedures, explaining what to expect and typical timelines. In addition, an architect can help identify issues that should be addressed in the agreement for construction.

Selecting a qualified builder is critical on every NYC renovation project. The team at Apartment Renovation NYC can help review a builder's references and interview them before the bid for contract is awarded, for owners looking to renovate.

A contractor who is unfamiliar with reading the architectural drawings, inspection requirements and protocols, or specified assemblies can cause repeated failed inspections and delays.

In our last case, a fire-resistant joint was installed incorrectly. The joint was required to extend continuously to the full depth and height shown in the approved detail.

Case study 4

Because the installation did not match the required assembly, the Fire-Resistant Penetrations and Joints (Firestop) special inspection failed.

Repeated small installation errors that don't conform with the architectural drawing set lead to replacement work, additional inspections, professional fees, delayed closeout, and disputes over responsibility.

The best time to reduce renovation risk is before construction ever begins.

Owners who retain an architect can evaluate the proposed layout, identify permit requirements, prepare drawings and specifications, coordinate building submissions, assist with contractor bidding, review proposals, observe construction, and help manage required inspections and closeout.

An apartment renovation sequence is simple:

• Retain an architect;
• Confirm the feasibility of your renovation with an architect;
• Have an architect prepare the drawings and scope;
• Obtain comparable contractor bids with supervision from an architect;
• Review the construction agreement with an architect's advisory;
• Then begin construction.