I see it is about time that the OP answers my follow-up question
How is the commission to the architect defined in the contract?
once.
A budget does not have to be included in the architect’s contract.
Correct, the budget belongs to the basic evaluation – but also statements from the clients. If they say they expect one hundred seventy square meters, but it "becomes" two hundred forty, then the architect hasn’t had enough target water. Even with a budget "carte blanche" it would then be necessary to obtain explicit approval for the increased size.
If you don’t want him anymore then agree on a sum that the HOAI calculator outputs to you. Here you can enter how much of the respective service phase has been fulfilled...
You can’t get around service phases 1 and 2 and service phase 3 proportionally?
The lawyer will also charge you again and the settlement sum will not be less.
Without a lawyer, however, a mistake is quickly made here – for example, following your advice: because you cannot simply unilaterally terminate the architect’s contract. And the HOAI calculator would probably output too high a sum in this case, since without a valid complaint the invoice would remain oriented to the too large house.
and hold the guy responsible to "make corrections" since he has not implemented the commission... if you have requested corrections a few times without him doing anything, then he holds the black Peter...
This brings us back to my follow-up question, what exactly is agreed upon in the architect’s contract. On this basis one should request corrections (and when saving at the wrong end by doing this without a lawyer and regarding form and deadline) or offer a termination (for which, again, the lawyer will better know how poor performance would be appropriately taken into account).