tumaa
2018-11-27 14:52:12
- #1
Hello everyone,
first of all, this is about a good older friend. He has a problem with an architect, which naturally interests me as well, since I am currently in the construction phase or rather still at the beginning.
I can only relay what he told me. He has a friend who in turn has a friend who is an architect.
He was also planning a new building, but had to interrupt it for personal reasons.
The architect was consulted. The plan was the design, and at first he told him, since I came to you through a friend, I ask you for a "good price" (which is legitimate).
The amount xyz was proposed to him for the design, both parties agreed to it.
Shortly afterwards, the architect supposedly said: "If I do the design for you, then without my signature, I will finish everything and you get the approval/signature from another architect."
The colleague was initially uncertain and finally agreed "verbally."
After the preliminary design was sent to him, he was supposed to make a down payment.
A down payment of about 37% of the agreed amount was made.
The architect apparently told him that the design was 75% complete and had spent about 50 hours on it.
For example, the quantities were still missing (I’m not familiar with that), so the shell builders couldn’t do anything with the drawing because a lot was missing for a calculation.
It became too much for the colleague, namely:
- the down payment of about 37% was supposed to be in cash. The architect absolutely wanted to avoid a bank transfer, and when the money was handed over, my friend’s cousin was also there. No receipt was issued; when asked why he didn’t get a receipt, he was told "it’s a friendship price or that was how it was planned" ...... he got a bad feeling ...... (he had only asked for a "good price")
- then the issue with the "signature," was probably also "naivety"
- even if that is not a real reason, but the exterior views of the object were totally off, of course that’s a matter of taste.
Result: he wanted to end the cooperation immediately.
The architect was informed about this.
At first nothing came from the architect, then he wrote back after a few days and said: "since the design was almost finished, he wants money for it," how much, the friend should decide for himself.
My friend did not reply to this. Eventually there was another request, and the architect added: "if no counterproposal is made, an invoice will be issued according to the HOAI."
The cousin could confirm that he wanted the money in cash and also with the statement about the "signature."
This is probably not the first case; there are similar cases where a "nullity" in such cases was talked about.
He is really a good friend of mine (hardly any PC skills), has no legal expenses insurance, and I suggested that I could ask here, maybe someone here is legally knowledgeable about the question:
Can the architect under such circumstances issue an invoice according to HOAI retroactively, can he even act that way? (legally this is called, I believe, a "no invoice agreement")
Thanks already!
PS: Communication was also via mail/Whatsapp. Conversations still exist.
first of all, this is about a good older friend. He has a problem with an architect, which naturally interests me as well, since I am currently in the construction phase or rather still at the beginning.
I can only relay what he told me. He has a friend who in turn has a friend who is an architect.
He was also planning a new building, but had to interrupt it for personal reasons.
The architect was consulted. The plan was the design, and at first he told him, since I came to you through a friend, I ask you for a "good price" (which is legitimate).
The amount xyz was proposed to him for the design, both parties agreed to it.
Shortly afterwards, the architect supposedly said: "If I do the design for you, then without my signature, I will finish everything and you get the approval/signature from another architect."
The colleague was initially uncertain and finally agreed "verbally."
After the preliminary design was sent to him, he was supposed to make a down payment.
A down payment of about 37% of the agreed amount was made.
The architect apparently told him that the design was 75% complete and had spent about 50 hours on it.
For example, the quantities were still missing (I’m not familiar with that), so the shell builders couldn’t do anything with the drawing because a lot was missing for a calculation.
It became too much for the colleague, namely:
- the down payment of about 37% was supposed to be in cash. The architect absolutely wanted to avoid a bank transfer, and when the money was handed over, my friend’s cousin was also there. No receipt was issued; when asked why he didn’t get a receipt, he was told "it’s a friendship price or that was how it was planned" ...... he got a bad feeling ...... (he had only asked for a "good price")
- then the issue with the "signature," was probably also "naivety"
- even if that is not a real reason, but the exterior views of the object were totally off, of course that’s a matter of taste.
Result: he wanted to end the cooperation immediately.
The architect was informed about this.
At first nothing came from the architect, then he wrote back after a few days and said: "since the design was almost finished, he wants money for it," how much, the friend should decide for himself.
My friend did not reply to this. Eventually there was another request, and the architect added: "if no counterproposal is made, an invoice will be issued according to the HOAI."
The cousin could confirm that he wanted the money in cash and also with the statement about the "signature."
This is probably not the first case; there are similar cases where a "nullity" in such cases was talked about.
He is really a good friend of mine (hardly any PC skills), has no legal expenses insurance, and I suggested that I could ask here, maybe someone here is legally knowledgeable about the question:
Can the architect under such circumstances issue an invoice according to HOAI retroactively, can he even act that way? (legally this is called, I believe, a "no invoice agreement")
Thanks already!
PS: Communication was also via mail/Whatsapp. Conversations still exist.