Architect commissions surveyor without the homeowner's consent.

Then tell us how large the extension was planned to be. Then one can estimate the production costs.

Exactly – for the factual assessment, the TE should once show the cousin's plans here.

My legal assessment – mind you opinion, not legal advice, as I am known to be a businessman and not a lawyer – is this:

There is – I want to say: "more than" – a world of difference whether one expresses a suspicion of fraud as an alleged victim or as a defendant and counterclaimant for an allegedly owed fee.

The TE consulted an architect and received a draft contract from him which she wanted to have reviewed. When she returned to this architect without raising objections to the draft contract, he could assume a tacit assignment according to the undisputed draft contract. Architect contracts regularly contain a power of attorney clause, as surveyors, structural engineers and the like usually have to be subcontracted.

If, after eternal silence – presumably also after a payment order – a court proceeding takes place, initially a statement of claim is served. The lawyer usually asks the same as the judge, namely: "Do you plead not guilty?" and then examines with what evidence offers the counterclaims can be supported.

Even without being a construction or architect law specialist, he must be able to recognize that here an exaggerated claim is on the table, but also that his client has repeatedly acted unwisely. For such cases, every "when I grow up, I want to be a lawyer" handbook recommends suggesting a settlement to the client and at least attacking the claim in terms of its amount. Even a former trainee lawyer until yesterday should have immediately explained to the client why her strategy "the surveyor was probably never on site" (if that was even necessary) would have belonged in the missed fraud suspicion report, but does not succeed as a defense attempt in the fee lawsuit.

What remains is: the discrepancy between the amount of the claimed fee to be determined and the service that is supposed to justify it, which also strikes a "commercially usual magistrate," as I say, as astonishing. The claim was presumably justified already in the payment order, at the latest however in the statement of claim. Here the lawyer can start, because the architect can hardly have reached more than phase 4 of performance here, so an "extension" would have to be made of Murano glass if his planning by then had produced an 18k fee claim.

The magistrate (oh no, with 18k this is already a judge at the regional court in the first instance) will recognize from the files that he once again has to play judge because the disputing parties have not agreed beforehand. Usually, a summons is then issued first for a "conciliation hearing with entry into the main proceedings in case of failure." Even here the TE’s lawyer must have said that this is a warning shot with the content "if this is not to become expensive, we better submit a settlement offer before or at the latest at the beginning of the hearing." The lawyer, with the RAG and court and notary cost law "in mind," then makes a proposal with "5k," which every wise colleague on the opposing side will recommend following. With this anchor offer the judge will probably call the lawyers of both sides to the judge’s table with every "mimimi" beyond 7k to economically close the case. The judiciary finally has better things to do than to clean up behind childish quarreling roosters. Timeslots in courtrooms are a scarce commodity.

If the TE now wants to maximize her misfortune and make the biggest blunder, she will drown herself in Evil Lawyer self-pity, silently withdraw the mandate from him, not attend the hearing, and collect a default judgment of the finest quality with drums, trumpets, peppers, and tzatziki.

Thank you all for your opinions. Although they mostly do not meet my hopes and questions, they are still interesting and maybe they will bring me a saving idea.

First of all, thanks to: Schorsch_baut. Exactly, I was looking for answers like those;) I have to find a mistake, how I can prove misconduct in the surveyor's approach or work... And that’s it: these people were not allowed to survey my property without notifying me! And they did not notify me. On top of that, they stated in the invoice that they measured on site for 3 hours;) Furthermore, I only received the bare invoice, no numbers or documentation of the survey. I spoke briefly today with a publicly appointed surveyor (retired): he told me that normally the builder must be notified when the surveyor enters the property, and also the neighbor if the surveyor needs to enter the neighboring property for the measurement. Nothing came.

The architect commissioned the surveyor for the survey on 09.02.2022, received the offer on 10.02.2022, and the survey took place immediately on 11.02.2022. Now honestly: I have a well-known craftsman for whom I am a VIP and I have to wait at least 3-4 months before the work starts, and the surveyor was able to do it right away? It stinks to high heaven!

A hearing had already taken place where the architect was questioned as a witness, and the judge asked him if he had made it clear enough to me that he was now commissioning the surveyor? He replied that he hadn’t communicated it to me that clearly;) (He hadn’t told me at all). He lied through his teeth: I was constantly going in and out (I can prove with my calendar that I was there about 3 times for 0.5 hours each!) Then the surveying office submitted proof of the workers and such. I was not there, the lawyer represented me. I replied that I was in the house that day (it was about an extension) where I live and all the windows of the apartment face the side of the measurement and I claim that the surveyor wasn’t there at all. Now the judge wants to see and question me about this on 07.11. The surveyor doesn’t want that, they just want me not to have a say and wrote to the judge that it isn’t necessary... and stuff like that. I have the feeling that they are scared that their lie will be exposed. That is why I now need "ammunition" in the form of formal errors that the surveyor made, such as: he should have notified me! Because even if I did not personally commission him, he should have notified me as the builder. Even if it is only customary! I would certainly have objected and the whole situation would not have arisen.

The glass is always half full and not the other way around.

Furthermore, it amazes me how sick a law can be that a contract can come into being without the explicit consent of both parties?! I am a trained industrial clerk and during my training I learned that a contract is a bilateral declaration of intent. I wrote to the architect on the same day he sent me the contract, via email, that I have to have the contract checked by legal expenses insurance! That was on 11.02.2022. And it is logical that this is a process that does not happen overnight. How can a contract come into being without me signing it! I am a lessor, but not a businessman. So how is it possible that the contract came into being?

I have the feeling that if the surveyor fails in court, then the architect will back down. The colleagues cover for each other and want to take advantage of a single woman. They have speculated from the beginning that I would be softened up.

Congratulations on the success;) With the offer to settle, I was already with the architect before the court! I first thought he had made a mistake with the invoice, but when he then reminded me, I went to him and asked if he would agree to €5,000 under the circumstances that the extension did not materialize. That was even before I found out that the extension could not have been carried out according to the development plan.... By the way, that was the fourth time I was at his place. He threatened me and said; if I didn’t pay him the money, my house would be auctioned and then he would get his money! As you can see, nordanney: I didn’t have much choice there;) P.S. It made no sense to complain about spilled milk. Yes, I made mistakes, but arguing about it and complaining doesn’t get me anywhere! Eyes forward and not backward!

That's exactly what I want: to get out of this matter without any consequences!
1.) I believe that the court will see it that way too: a local architect should be familiar with the local development plan! And he should have discovered my cousin's mistake: He didn't because he didn't bother with it at all!
2.) How can you hire a surveyor when it's not yet clear whether the city would agree to the extension!

@
My lawyer specializes in architects' law.
Oral contracts can only be concluded between buyers! I am a private person. Therefore, I had no idea about a contract! The special law for architects with the license to print money!
I agree with you: the architect should have seen everything and told me everything. The invoice is also unjustified. And that is why I believe this is an attempt to cheat me!
But my lawyer says these matters do not belong in the surveyor's procedure!
Thank you and all the best to you too!

2024: The production costs were €750,000