Architect HOAI additional contract clauses - Is this common?

We have received from our architect an architect contract with remuneration according to HOAI. This contract contains a clause that we do not quite understand and about which we wonder whether it is customary:


Changes and Additional Services

(1) The client (AG) is entitled under the legal conditions to order changes to the commissioned scope of services that include an extension or repetition of the service content or the services provided and approved, and he is entitled to order changes to the service objectives, the contractual objectives or the service process as well as additional services.
In the case of additional services, the right to order exists only if the contractor’s (AN) business operations are set up for such services and they are related to the contractual execution in terms of content.
The contractor (AN) is obliged, subject to the legal prerequisites and the conditions of point (3), to carry out such changes in services, extensions of services, or additional services.

(2) If the client (AG) orders a change or additional service within the meaning of (1), the contractor (AN) is entitled to additional remuneration. In the case of changes or additional services that entail a change in the chargeable costs, the fee will be adjusted on this basis without a separate agreement being required.
In the case of a change or additional service that constitutes a repetition of basic services, the contractor (AN) is also entitled to additional remuneration without a separate written agreement being necessary. In this case, the additional fee is determined on the basis of the chargeable costs of the changes or supplementary services or measures and the corresponding repeated service.

For other changes or additional services (no repetition of basic services and in particular ordered special services), the contractor (AN) is also entitled to additional remuneration. The billing is based on the documented time required according to the following net hourly rates:

• Contractor/Managing Director XXX EUR

• Employee (Dipl. Ing.) XXX EUR

• Other Employee XXX EUR

(3) The contractor (AN) is only obliged to perform the changed, supplementary, or additional services within the meaning of § 4.2 if the client (AG) orders this in writing and recognizes the additional remuneration claim at least in principle. The latter requirement does not apply if the parties mutually agree in writing on separate remuneration.


Is such a clause customary or should we be cautious here? What does repetition of services actually mean? If we do not like a draft or something needs to be adjusted, do we then pay double?

Thank you for your help!

In the case of a change or additional service that constitutes a repetition of basic services,

What does repetition of services actually mean? If we don't like a draft or something needs to be adjusted, do we pay twice?

I understand it to mean that if you as the client do not want a wall that has already been built or want to enlarge the house by one meter, then the wall is torn down and a new wall (one meter further) is built again. This would be a repeated service and must be paid again to the contractor. I don't actually know, I am just deducing it.

Repetition here refers to the basic services of the individual service phases. Let’s assume he creates a draft for you (service phase 2), you approve it, and in the course of further planning, you receive the happy news that you are expecting quadruplets. The place is not designed for that many children, so you ask the architect to revise the plans accordingly. This requires a repetition of the basic services already provided, which of course he wants to be paid for again.

The same applies to "special services" such as making a model of the house or something similar (this includes everything not covered by the basic services). If you can/may order them, they will only be invoiced in addition to the agreed fee.

I am not someone who constantly signs architect contracts, but the procedure should basically be common. Whether this needs to be documented separately, no idea...

In the end, it just says that besides the commissioned services, you are also allowed to order additional services from him and he is not allowed to refuse if he normally offers them. For example, if you only commissioned him for service phases 1-4 and now want 5-6 from him as well, he cannot say no. Of course, you have to pay for that separately.

And the repeat service only applies to services that have already been "provided and APPROVED." So he creates a plan for you in mutual agreement, probably in several attempts, and at some point you say, "Yes, this is great, that's how we'll do it, please prepare the tender," and afterward, if you realize that the kitchen should be somewhere else, he is entitled to have that compensated again appropriately, depending on the effort.

I haven't seen that many, but so far something like that has always been included in planning contracts for architects that I know. Ultimately, this is also a protection for you if you haven't commissioned all service phases right away, so you don't have to look for a new architect later because the first one finds you inconvenient or too pedantic :).