Architect's fee (fixed price, discount)

Hello,

an architect estimated the costs for a new building at €250,000 during an initial meeting some time ago and made an offer for all service phases according to [HOAI3], minimum rate 0%, based on this amount.

A year later, we met again and according to him, the offer still applies as a fixed price. If I commission service phases 1-5, I get a 10% discount; if I commission service phases 1-9, even 20%.

If I understood correctly, he is not allowed to do that. Any written agreement on a fixed-price fee would be invalid in case of doubt, right?

As far as I know, a flat fee may be agreed upon if it is within the range of the minimum or maximum rates.

Ok then the fixed price is fine, but due to the discounts the minimum rate is undercut. Well, I would be stupid to insist on not getting a discount.

Minimum fees are currently being reviewed for their permissibility. I do not think that the architect has a chance to bill above the amount agreed upon in writing.

Sorry I don't understand what you want to tell me..

You're wrong, Merlin. In this case, the HOAI probably overrides the contractual agreement. If the client can excuse themselves with ignorance of the fact, it might go through, but here it’s well documented that the client is practically running headlong into the open knife.

Conclusion: If the architect is otherwise okay (be careful, you can also really mess up with architects, happened to me. Think about why they offer so cheaply, with the construction market?! Below minimum rate.. I myself found only a few at the middle rate.) go ahead. Worst case is that the minimum rate is still billed and you have to pay. Whether you now definitely forgo the 20% discount or later maybe - then better later maybe, but I would put the € aside.