Clause in the architect contract - Planning

  • Erstellt am 2014-11-27 18:44:50

Username_wahl

2014-11-27 18:44:50
  • #1
Hello, I have a few questions:

- Would you sign the clause "The contract may only be terminated for very important reasons."?

- Would you sign the clause "Plans and specifications may not be passed on to uninvolved third parties without the consent [of the architect]."?

- Would you commission all HOAI stages or initially only grant the contract step by step or have the construction supervision done by someone else (who might not know the craftsmen as well and does not know what the architect had in mind in his planning)?

- Is it normal that stage 9 is not offered by the architect?
 

Legurit

2014-11-27 19:21:35
  • #2
I think I would first take a look at what he/she reveals during the drafting phase. So stage 2, and if that fits, 3 and 4, and if it still fits then the rest. I believe that aftercare only makes sense for larger projects, an architect told us.
 

klblb

2014-11-27 19:25:12
  • #3
1.) no idea
2.) yes. The architect holds the copyright to his design and his work.
3.) stepwise
 

emer

2014-11-27 19:56:14
  • #4
1. Yes.

2. What's so bad about it? Just don't pass it on. If you have companies you want to have contacted, tell your architect and he'll include them in the letter. Does it say anything about what happens if you do it anyway? If not, it doesn't matter.

3. If the architect is good and you trust him, you can just commission everything at once.

4. I've been told that architects are "reluctant" to offer LV9 because they bind themselves to the construction for a very long time. If the architect knows what he's doing and has the "guts," it shouldn't be a problem for him to offer it. If his work during the construction was good, he can be relaxed afterward.
 

Username_wahl

2014-11-27 20:02:42
  • #5
Hello emer, regarding 4) I think the same. It is about going through the house again before the end of the warranty period and having any defects remedied that one would otherwise be stuck with. It's a pity that architects obviously want to shirk responsibility here.
 

lastdrop

2014-11-27 21:19:08
  • #6
Do you have a legal advisor?

In my opinion, contracts can always be terminated for good cause, subject to damages.

I also consider the other formulations legally weak. What is an "uninvolved third party"? Every person (lawyers, experts, advisors, banks ...) I involve becomes an involved third party, so can I provide the contracts?
 

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