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OWNER'S PROTECTION FOR AN APARTMENT RENOVATION IN NYC


INDEPENDENT ARCHITECT (FROM CONTRACTOR) IS THE KEY

DEFINE STRATEGY WITH QUALIFIED DESIGN PROFESSIONAL

Apartment renovations in New York City involve substantial financial, contractual, and construction risks. Independent architectural oversight helps protect Owners throughout the process. Many firms, unfortunately, tend to advertise as "design-build," where Owners are not even introduced to their Architect until late in the process and after signing with a contractor, or never meet their Architect. This setup is rather risky.


It's strange when:

  • You do not know who your Architect is;
  • You do not have an Architect as an advisor but are paying for the Architect's service;
  • A contractor introduces an Architect "later" or never;
  • A contractor prices the job without Architect's drawings being prepared;
  • A contractor "coordinates" an Architect;
  • A contractor advises on floor plan layout, which is a building code matter and an Architect's job;
  • An Architect you pay for hides "in the shadows" and doesn't review the contractor's work;
  • A contractor simplifies science and tells you "what's needed".
  • A contractor sells a "one-stop shop" — this translates to no independent Architect and no means for you to leverage your contractor.

Be aware.Spot False "Design-Build" Advertisement

It is very strange to find yourself in a "hostage" position after you pay a contractor a lot of money and find out you were scammed by "design-build" false advertising. It is also a question: who are the architects that enable false advertising by contractors? Not the ones with an ethical and moral stance. There is a term, “rubber-stamp architect” - those architects may not contribute to a transparent renovation process.


An Architect shall assist Owners with:

  • Planning a renovation;
  • Defining scope and preparing preliminary budgets and timelines;
  • Preparing and coordinating drawings;
  • Competitive contractor bidding;
  • Review of the contractor's payment applications and change orders;
  • Overseeing the contractor's work for conformance with approved drawings;
  • Informing Owners of construction progress.

Give your trust to a professionalMeet Our Architect

Our architectural team helps monitor construction schedules, identify delays or incomplete work, and evaluate construction progress against the contract documents. By remaining independent from the contractor, the Architect provides independent professional oversight for the Owner, helping safeguard the project’s budget, schedule, design objectives, regulatory compliance, and overall quality from planning through construction completion.


CONTENT PREPARED AND SERVICES PROVIDED BY FULL-SERVICE NYC-BASED ARCHITECTURAL PRACTICE LENKA ILIC ARCHITECTURE D.P.C.

Full-service & Owner's Representative

Our role is to advise the Owners on how to approach their apartment renovation in NYC while implementing good practices and industry standards for Owner's protection.

Renovation starts with a consultation with an Architect, with a contractor introduced later as the project progresses to the bidding phase. Explore various services we provide.

Once you are in touch with us for a complimentary consultation, your project program and cost are defined with our assistance.

Design meeting with Owners for an apartment gut renovation in Kips Bay, the architect and project manager in an empty prewar apartment with parquet floors

Design meeting with owners for apartment gut renovation in Kips Bay, NYC.

Is A Permit Required For An Apartment Renovation?

The New York City Administrative Code and co-op/condo board rules will often trigger the need for a permit and an Architect's involvement even on small apartment renovations in NYC.

Kitchen and Bathroom remodel including replacing tile and removing or adding a wall, will most likely require an Architect engaged to legally accomplish a project.

Many Owners look for a contractor first, not knowing that they need an Architect to guide them instead.

How can you prevent penalties for work performed without permits?

Be informed - ASK YOUR ARCHITECT

ASK US ANYTHING

WHY ARCHITECT?

Existing floor plan of a NYC apartment before the renovation, drawn by the Architect, with the walls to be removed marked in redProposed floor plan by the Architect for the same NYC apartment renovation, showing the new walls, the bathroom and kitchen remodel and the new millwork

Floor plan by Architect for NYC apartment renovations.

OWNER'S PROTECTION

Owners are not expected to know the professional, regulatory, and construction requirements involved in an apartment renovation. For decisions involving the design, drawings, approvals, or other matters requiring architectural judgment, the Owner should rely on a licensed Architect.

CONTRACT SAFEGUARDS

The Architect shall help establish construction administration procedures within the Owner/contractor agreement. Without them, contractor-proposed agreements may not adequately address the Owner’s interests, change orders, payments, schedule, or construction review.

An Architect first, a contractor second approach allows for transparency on a remodel or renovation projects in NYC.

INVOLVE YOUR ARCHITECT BEFORE SIGNING WITH A CONTRACTOR

Be cautious of contractors advertising themselves as a “one-stop shop” or offering “design-build” services that include architectural design, floor plan development, or other services requiring a licensed Architect. Your Architect should remain independently engaged by the Owner for architectural services, required approvals, and construction administration.

An Architect shall assist the Owner with contractor selection by reviewing qualifications, proposals, scope, and pricing.

ESTABLISH CLEAR ROLES AND PROTECT YOUR INTERESTS - KEEP AGREEMENTS SEPARATE

Separate Architect and Contractor
Agreements for an Apartment Renovation in NYC

AN OWNER SHALL RETAIN AN ARCHITECT DIRECTLY

An Architect cannot simply be “coordinated” as a professional service sold through a contractor’s firm. In New York, architectural services must be provided by a licensed Architect or authorized professional entity and cannot be brokered through an unauthorized third party. The professional relationship and compensation for architectural services should remain directly between the Owner and Architect.


TWO CONTRACTS ARE NEEDED, DESIGN-BUILD IS FALSE ADVERTISING

Signed agreements for an apartment renovation project shall be:


AN ARCHITECT OVERSEES CONTRACTOR'S WORK

The Architect and contractor have distinct roles. The Architect provides professional design services and, when included in the Architect’s scope, construction administration by evaluating the Work in relation to the contract documents. The contractor is responsible for performing the construction Work.

For our apartment renovation projects, we recommend that Owners maintain separate direct agreements with the Architect and contractor, as per NYSED rules. This keeps professional architectural services independent from construction services and clearly establishes each party’s responsibilities.

Responsibilities of Owner, Architect and contractor are clearly defined within the industry standards.

Our Principal Architect, Lenka Ilic, exposes "design-build" myth on the episode of Disclosures and Consequences. Check out the full episode 11 here.

THE OWNER/ARCHITECT AGREEMENT IS ESTABLISHED FIRST.

A. OWNER/ARCHITECT CONTRACT

  • An Agreement for professional design services, approval assistance, contractor selection assistance, construction oversight, inspection services, and closing documentation issuance assistance.

An Architect Designs, A Contractor Builds

ARCHITECT & CONTRACTOR DYNAMIC

B. OWNER/CONTRACTOR CONTRACT

  • Agreement for construction services.
  • Architect assists with establishing construction administration procedures to be reflected in the Owner/contractor agreement, including review of change-orders, payments to contractor, construction schedule, and of the Work.
Pre-screened contractors installing wood flooring in a loft apartment renovation with exposed brick walls

Qualified contractors for Manhattan, Brooklyn and all NYC apartment renovations.

Pre-Screened Contractors

Selecting a trustworthy and skilled contractor is a hard task. We assist the Owners at this stage of a project by preparing a list of pre-screened contractors to provide their proposals for each project based on scale and complexity.

Contractors we recommend:

  • Have capability to interpret drawings.
  • Understand an Architect's role.
  • Follow industry standard construction protocols.

Working with pre-screened contractors sets a healthy undertone for construction phase.

GET ACCURATE PRICING - START WITH ARCHITECTURAL DRAWINGS

Construction Cost Controlled

before construction

  • Establish scope of work for apartment renovation with our team.
  • Define project budget limits.
  • We issue drawings to pre-screened contractors for bidding.
  • Together we review contractors' proposals and select the winner.

Gain transparency and clarity

AVOID UNFAVORABLE SURPRISES

DURING CONSTRUCTION

An agreement for construction is critical for holding a contractor liable for unjustified delays and change orders. We suggest on the form of this agreement for Owners' protection.

Contractors' cost estimates before engaging an Architect are not adequate basis for Owner/contractor agreement as there are no drawings available for contractors to price.

Owners could find themselves in unfavorable situations by retaining a contractor without an Architect's involvement.

Site meeting with the contractor in a NYC apartment under renovation, the team in masks among tools and materials by the window, with a hard hat and safety vest hanging on the wall

Two bedroom gut apartment renovation in Lower Manhattan.

Architect on site with the contractor beside exposed cast-iron plumbing risers, overseeing the construction phase of a NYC apartment renovation

Architect's oversight of construction phase for all NYC apartment renovations.

Construction Timeline Controlled

A Construction Schedule estimates the duration and milestones of the construction phase. It also serves as a tool to keep a contractor accountable for any delays caused by their fault.


Who prepares construction schedule? A CONTRACTOR DOES.

Construction schedules shall clearly indicate a start and completion date and any anticipated delays. A contractor shall provide an updated construction schedule every two weeks during construction phase.


Who approves construction schedule? AN ARCHITECT DOES.

It is an Architect's responsibility to keep an Owner informed of construction progress based on the review of construction schedule updates.

Plan for timeline in your contract early

UNDERSTAND CONSTRUCTION TIMELINE
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