Collaboration with architects

  • Erstellt am 2013-02-19 13:20:53

MIkro1986

2013-02-19 13:20:53
  • #1
Hello everyone,

my girlfriend and I are currently in the phase of looking for a developer or architect to build with us. We have already had appointments with architects, and we were told that everything is free at first. However, one architect has already sat down and drawn designs; can he charge us for these despite the verbal agreement?
Another question: If we now decide on a different architect, are we allowed to take ideas that we have from another architect's design with us, or would that be considered idea theft or something like that? It's not about taking the exact designs, but more general things like the structure of the facade or the roof, which one could theoretically come up with on their own...

Thanks for your help...
 

Schdin

2013-02-19 14:05:52
  • #2
So we first went to a developer and he planned a house for us. Unfortunately, even after three revisions, we didn't like it, so we went to another developer with the plans from the first one. He did give them to us.

If you haven't signed anything, you're not obliged to pay anything. We took the plans with us, but they couldn't charge us anything since nothing was put down in writing.
 

Fabiorella

2013-02-19 16:42:23
  • #3
-The architect contract is a mutual contract that is concluded through offer and acceptance. It is not bound to specific formal requirements. Therefore, it can also be concluded orally. For clarity and to avoid evidential difficulties, however, the written form is strongly recommended! - That means if the architect has drawn on your behalf, he receives payment even without a written contract if he refers to it and can prove it. As for his ideas, they are intellectual property, so I would be quite cautious with *simply copying*. Coming up with it by yourself is not really a good excuse.
 

Schdin

2013-02-19 17:30:56
  • #4
As you say if he can prove it... If he says it was agreed and you say no it wasn’t what is he supposed to do then??? Statement against statement and so on. We were told if you haven't signed anything he can't demand money from you. Unless he had a tape running and it’s explicitly on there.
 

hanpetz

2013-02-22 14:18:59
  • #5
Well, I would be careful. We have just gone through this step. An architect can also demand costs for the services rendered without a contract. I would simply ask at the next meeting from when costs will incur for you. As soon as he plans and draws, he also incurs costs.
 

E.Curb

2013-02-22 16:08:41
  • #6
Morning, how did the conversation go? Was the architect told to just come up with some ideas but absolutely not to draw anything? I can't imagine that..... Or did he actually say he would make some drafts for free? I mean, it depends on the scope of the drafts, but they can't be drawn up in a few minutes. When I read this............ Ever heard of an oral contract? Those are just great. First get ideas and then try everything to avoid paying anything. If you receive a service, then you have to pay for it, period!
 

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