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

I still have a few invoices to settle, can I send them to you!?

Nah sorry, I've had enough, I can't take you seriously.

This is all happening to you rightfully, you brought it upon yourself, now you have to pay the price. There are people who only learn that the hard way.

You promised Grandpa double the fee without informing him and then just paid every invoice knowingly, against all reason. Congratulations!

I'm out of here, have a nice weekend.

I take back what I said about rationality and objectivity. I know, one thinks that when I commission someone, everything will be carried out properly. Especially when one pays "pharmacy prices" according to HOAI, and then even overpriced again. But unfortunately, one can hardly rely on that anymore, especially the more urban it becomes.

At the latest after the second unexcused absence, the fee agreement should have been terminated.

However, everything also seems to be going wrong somehow, reminiscent of Hotzenplotz. The construction sum seems completely exaggerated, the fee seems too high. Somehow everything is unbelievable. But possibly ... good cards for you or your lawyer, as one could already plead violation of good morals.

I also find no rhyme or reason in the relationship of your invoice amounts to the respective performance phases. It somehow doesn't match the proportional relationship of the HOAI:

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

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

Performance phase 1 (basic evaluation) 2%
Performance phase 2 (preliminary design) 7%
Performance phase 3 (design planning) 15%
Performance phase 4 (approval planning) for buildings 3% for interiors 2%

Invoice 1 corresponds to a total fee of either €88,500 (if only performance phase 2 is meant with 7%) or €68,900 (if performance phases 1+2 are meant with 9%)

Invoice 2 corresponds to a total fee of either €55,500 (if phases 3+4 are meant with 18%)

, based on the positive experiences with my neighbor, I initially had full trust. There was also another architect there who only said "you are allowed to re-wallpaper here, but nothing else." Measured against that, I now have a building permit that was hardly obtainable. That initially determined my willingness to pay. But when the architect then came with rather vague bills more and more often, I asked him to calculate and limit his fee exactly according to HOAI. That is probably all quite high, but in return I should also get a finished house without having to worry too much. Since I am very busy professionally, that was exactly what I wanted. Only after the construction stop did I wake up. In this respect, I suppose I have to put up with what Zaba12 says above.

But thanks again for this breakdown. Since he now—because I kindly informed him that I would have the invoice checked first—is refusing the service, I have an important reason to terminate. The tip about violation of good manners also sounds good.

What nonsense!

I do have some experience with people over 70 in construction. Do you too? With few exceptions, they live in their own world, into which the digital age has not entered. Nothing against the experience and knowledge, but the practical implementation simply no longer works.

Good that you react so composedly. It is also no use to keep dwelling on what happened. The child has fallen into the well. I can completely understand that you started with the greatest trust. The personal recommendation is, in my view, a great solution. Also, that you relied on his performance is legitimate. But once again as a warning to others who are about to make such decisions. Check everything, even if it seems so safe and trustworthy.

I also understand that often, due to work, children, parents, distances, one is so limited that a check cannot be carried out. For that, such a forum is also suitable to question one's own approaches.

I keep my fingers crossed that you get out of the matter cleanly. Not to take the violation of good manners entirely seriously, that was somewhat exaggerated.

Measured against that, I now have a building permit that was hardly obtainable.

The negotiation with the responsible authorities regarding the approval feasibility of your construction project is actually a basic service of performance phase 4. Should these prove to be particularly extensive/difficult in individual cases, this would have to be remunerated additionally as a "special service."
However, this should then also be separately indicated and billed and must not be used as justification for an otherwise completely exaggerated remuneration across all performance phases.