Architect commissions surveyor without the homeowner's consent.

  • Erstellt am 2024-09-25 16:23:47

chand1986

2024-09-26 08:56:40
  • #1

And how does the lawyer justify that?
His justification would enlighten us further. Because information is definitely missing here.

Wrong.
What is a calendar saying supposed to achieve here?
 

Schorsch_baut

2024-09-26 09:18:11
  • #2
So you can't get out of this situation without paying the architect at all, you have used a service, the review and creation of the plans for clarifying the financing, right? And this service was provided by the architect. The point of contention could be the amount, which is probably what the lawyer is aiming at with his settlement.
 

hanghaus2023

2024-09-26 10:00:15
  • #3
I can see your opinion is fixed. You probably don't even read the quite well-argued posts.

Has there been a first hearing yet?

I agree with . The lawyer should aim for a settlement. The architect and the surveyor also don't have good arguments, at least regarding the amount of the claim.

If you want to fight it out because you firmly believe they want to pull a fast one on you, then it will be expensive.

I will quote here from the internet.

2.1.1 Silence in response to an offer for business management

If he does not want to be contractually bound, he must object to the offer. Silence in response to the offer is considered acceptance according to § 362 para. 1 of the Building Code; the contractual relationship comes into existence.

Your lawyer probably knows that. He probably also knows all the documents.
 

Tolentino

2024-09-26 10:25:00
  • #4
One should check their sources, especially on the internet. Business management is §362 HGB It concerns merchants. Is the original poster a merchant? I believe that the facts have been presented to us in a very simplified manner and therefore we can only speculate here or speculate with limitations on the circumstances. But I would also recommend changing lawyers. Especially since the saying about the horse is originally nonsense, because of course a good fighter would also change his horse during the battle – if it was lame.
 

Hangman-II

2024-09-26 13:18:48
  • #5
It's a bit confusing... I'll try to sort it out:

1. Contractual relationship
In Germany, a contract does not require a signature! Contracts can also be concluded orally or arise through "implied conduct." Whether justified or not, the architect will probably rely on that - and likely succeed! If I were you, I would assume that a contract has been concluded.

2. HOAI
HOAI is a phase model in which the construction project is continuously refined from phase to phase. The purpose of the phases is above all to identify potential obstacles in time (i.e., in early phases). The impossibility of being able to build at all should have been recognized and demonstrated by a technically and locally knowledgeable architect at an early stage. According to my—layman's—understanding, billing should only be done up to that phase at most.
If an oral contract exists, standard HOAI applies—without extras, etc. In this sense, the invoice should also be itemized, which can be easily checked. In particular, this check must include up to which phase was billed and based on which construction volumes. I can hardly imagine €18K for Phase I and possibly parts of II for an extension.

3. Partial services
Assuming a contractual relationship exists (see 1.) and HOAI applies to it (see 2.), the "partial service tables according to Siemon" help determine the correct fee—because quite obviously essential parts were not delivered!

4. Surveyor
I cannot judge whether the necessity of a survey can be derived for the architect/surveyor from 1. and 2. It seems that even without a survey, it should have been clear that an extension is not approvable.

5. Lawyer
There are specialized lawyers for architects' law—who quickly clarify such a case. Regular lawyers are usually overwhelmed by it.

Good luck!
 

hanghaus2023

2024-09-26 13:37:59
  • #6
Then tell us how large the extension was planned to be. Then the production costs can be estimated.
 

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