Bad Service from Architect, asking for reduced fee?

Hello,

I hired an licensed architect to draw out plans for my frozen yogurt shop located in ILLINOIS. Since he was the professional I trusted his expertise and judgement. He submitted plans for village review and when revisions were needed the plans were resubmitted. After the plans were stamped by the village, the architect said those plans were for permit only and he would have a construction plan later that week. I found this odd but since he was the professional I assumed this was ok. Only after I hired a contractor did I find out that all work to be done must be stamped by the village. The contractor was building the store from the first incomplete plans that the village gave him. When I informed that there were secondary plans, he said he can't use them because they were not stamped. The process of getting plans stamped can be many weeks and this caused the contractor to do his own design work as we went along. I feel the architect should have known this and should have completed all plans before getting them stamped. Also what was the point of getting incomplete plans stamped if only stamped plans are to be used for construction?

The architect now wants us to pay the remaining balance of the work, roughly $1500. I have asked many times for a credit because he cost us extra time with incomplete plans and we are already paying rent for a store that has not opened. I think I have a right to a reduced fee since he did not provide what was contracted. He has given me a 7 day notice for failure to make payment in accordance with our agreement. I never said I did not intend to pay, but do not feel I should pay the full amount. I also made it clear that I intend to pay but the architect refused to acknowledge any wrong doing.

What can I do in this situation? I am renting the space and do not own the building. Can the architect file a lien against the building owner? Will this be more trouble for me later on? Any advice would be appreciated.

Thank you!

You have gotten into a situation where it appears the architect was not familiar with the protocol of the Village Review. He should have done his due diligence and investigated any of the requirements necessary for submittal and construction. My question to you regarding that issue is that you only found out about that requirement when construction started. In other words, this was not a known fact at the beginning of the project. So the question will be the communication between you and your architect regarding Village Review compliance. I've had many clients give me wrong information regarding HOA/City review process. For me, I usually check to make sure, but in this instance, could it be that he didn't go further than the information that you gave him?
In my opinion, the only reason why he would submit a permit set was to meet your deadline. Many architects do this because it allows them to finish up their drawings while the project is being reviewed in the City.
As for the balance of the contract. Withholding payment is your legal right, the issue is whether this action is justified or not. It comes down to the language in your agreement with him. The sticky situation here is that you have made use from his instrument of service (permit set) to start your project. In most contract wording, this would constitute as the fulfillment of his work. You have to understand that once the permit is pulled by the contractor, the architect loses the ability to not release the drawings. So if he had fulfilled his work, if you ever went into arbitration, he would likely win.
Since the architect does not have a direct contract with the landlord, he cannot file a mechanics lien on the property. However, in most States, he can file a Tenant Lien with you. You should try to work out something of a compromise with him. You can also try out the services of an arbitrator, but for balance of $1500, you will end up paying more. Good luck.