Architect, contract according to HOAI 2013 - refuses to provide service

  • Erstellt am 2019-05-15 10:00:31

stephan.l

2019-05-16 18:06:11
  • #1
:
All explanatory texts regarding the invoices below are not shortened but complete. I dare to say that this is therefore not verifiable? The dates are correct, there was a delay – thanks to the building authority – the amounts include VAT.

1st invoice, 10/2016, €6,200
"planning services provided so far, preliminary draft"

2nd architect invoice, 11/2016, €10,000
"design planning, approval planning"

3rd invoice 01/2018, €10,000
"planning services provided so far, ½ detailed design"

4th architect invoice, 03/2018, €9,000
"structural planning (static calculation)" (according to the HOAI 2013 contract, this was explicitly not to be commissioned by him, but directly by me)

5th architect invoice, 05/2018, €9,200
"object planning part 3, building and interiors"

6th architect invoice, 05/2018, €10,000
"structural planning (static calculation), including execution planning"
"technical building equipment (heating-ventilation-sanitary), including execution planning" (I have received no documents whatsoever regarding the last point, nothing)

Construction stop 06/2018 – 12/2018, legal fees for me €21,000

7th architect invoice, 04/2019, €10,000 - unpaid
"Architect according to contract 2.1.1 – 2.1.9 proportionally (funny, phase 9 is not commissioned at all according to the contract)
"Travel expenses according to contract 6.2 proportionally" (also funny, he verbally promised me zero and indicated zero in his cost estimate)

Yes, for point 7 I then pulled the emergency brake. Until the construction stop (clearly the responsibility of the architect, but not legally clearly attributable to him), I was probably a bit trusting. After that, no longer. The reference specifically related to the fact that it is a very, very difficult building authority, and he supposedly could handle it well. Now they no longer talk to him.
 

stephan.l

2019-05-16 18:15:22
  • #2
Mottenhausen - that is a VERY good tip! Thank you. At first, I didn't intend to deal with HOAI at all. Beginner's mistake...
 

Zaba12

2019-05-16 19:04:48
  • #3
Uh... how high are the eligible costs of the construction project? I absolutely cannot understand the invoices. So far, you have 55k€ just for planning costs. That does not include any offer phase or construction supervision. Also 20k€ for the static calculations??? I paid 1.9k€ for the static calculations on the invoice.

If your place doesn’t cost at least 1 million euros, then tell me on what basis you are paying that much money.

If I weren’t so polite, I would ask you if you ... are! Didn’t you deal with the fee ordinance and the division of the service phases at the beginning???

Something like this really makes me angry, and it’s not even my money.
 

guckuck2

2019-05-16 20:45:23
  • #4
1.9k, however, are likely to significantly violate the HOAI. That is not a valid standard.

Nevertheless, 20k for a single-family house is probably extravagant.
 

stephan.l

2019-05-16 21:42:45
  • #5
Okay, now you probably think I'm crazy. It is a weekend house with 42 sqm... Below it, there will be a new basement with 63 sqm and a tiny sleeping loft under a rafter roof. He estimates that at 400k. Plus his fee of 74k including VAT. Structural analysis: so far, 12.5k€ has been charged for that (subtotals). So 3%. In defense: outdoor areas and at best re-wallpapering is allowed. Normally.
 

Dr Hix

2019-05-16 23:08:54
  • #6
You would need to break that down more precisely so that one can comment on it. At first glance, that seems incredible. With a gross construction sum of 400k, you get something around 300k or less in "chargeable costs." He would have to call Zone III, highest rate with at least 35% renovation surcharge, to ultimately reach this fee.
 

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