Architect expensive/legal case overcharged billing/signature

  • Erstellt am 2016-08-18 10:31:05

Cedine

2016-08-18 10:31:05
  • #1
We were completely taken advantage of by our architect.
He could never give us an approximate price from the beginning. It was just a "small thing" that he could take care of in between.

It is an extension with one floor, a total of 40 m., on a slab foundation, without a basement, with a roof. Below similar to a conservatory with 2 sliding doors.

We constantly asked about the price. He always said the new energy regulations make it impossible to give an approximate price. First, the size of the room has to be calculated, then the suitable material has to be chosen and ........... that's a longer calculation. We had to sign twice before he could start working for us. There was never a sketch nor an approximate price estimate.

After 7 weeks, the drawing finally came. Two window sizes had to be changed, otherwise everything was fine. Still no price. He had to first prepare the final bill. He then came with the new drawing and a cost calculation of 172,000 euros. With 5 items for own contribution. A week later he brought his invoice: 6500 euros, supposedly including the statics. But it was not included. According to the sheet, he had to check again at the office, but he never found it. Is the statics just one sheet?

We were asked to sign the termination agreement so that both sides would be protected and we would not incur any further obligations.

Only then did we inquire. An architect said the bill was much too high and the statics were a whole volume, not just one sheet. He charges 3000 euros for the same plan.
We reported this to our legal expenses insurance. They immediately wrote that we should go to a lawyer.

After some weeks of back and forth correspondence between our two lawyers, our lawyer came to the conclusion that we were defrauded, but unfortunately signed everything without reading. The review of the building plans costs 1500 euros, which no one wants to cover.
If we go to court, court costs of 11,000 euros will be added if we lose. There are 3 witnesses against one.
Does it make sense to pursue this?
 

HilfeHilfe

2016-08-18 10:42:35
  • #2
I would write it off as a learning experience. You really don't sign anything blank.
 

Wastl

2016-08-18 16:24:04
  • #3
Doesn’t the legal protection insurance cover the 11,000€? If not – never ever go to court. It ends in a settlement and you both come out of it with a loss.
 

MarcWen

2016-08-22 18:08:38
  • #4
Since when can you be ripped off by an architect? Was there an offer, perhaps a lump sum price? An order placement?

If not, is the invoice not neatly itemized according to HOAI? If someone has no idea about that, surely there is someone who can check the invoice.

I would also only believe a lawyer 50% at first, the rest is economic self-interest.

At what point did you stop? Was there a building application? Maybe with structural engineering after all?

Everything is very confusing and somewhat naive, probably a learning fee drawer after all.

At the latest, if I had to chase after my architect or hear flimsy excuses, it would be over and done with. By the way, in this profession payments are only made once the service has been rendered.
 

DG

2016-08-22 18:44:49
  • #5
Topic closed, survey deleted.

The forum does not provide legal advice.

Best regards
Dirk Grafe
 

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