Kaspatoo
2016-09-26 20:15:24
- #1
When it comes to the person commissioned with supervision limiting their liability to their fee, it probably means that they are only liable for what they could have seen.
What they could have seen is limited to the fixed appointments agreed upon in advance with the supervisor.
TÜV and DEKRA work here with a multi-point (five?) plan, meaning five appointments when someone comes by and inspects the acceptance of certain phases and parts (e.g., after the installation of perimeter insulation of the basement).
Defects that occur between two appointments and are then, for example, "covered over" or otherwise concealed cannot, of course, be discovered by the expert and thus they are not liable for these.
A fixed fee is agreed upon/prescribed for these five appointments plus travel costs (charged per km).
A gentleman from the Bauherren-Schutzbund (Bauherren-Schutzbund) told me that he would come by for nine appointments. Billing is according to actual hours worked at €85/hour (uniform rate at the Bauherren-Schutzbund).
However, you must be a member there for €100?/year.
This one gentleman could also carry out the Kfw55 inspections (additional/ combined appointments).
If I want, the guy can also come to the construction site every day and check, €85/hour as mentioned.
With an architect, there is performance phase 8 construction supervision. A fixed fee (according to HOAI or lower if negotiated) is due for this. Due to the flat-rate commission, the architect is correspondingly liable for all phases.
If you search for "architect performance phase 8," you will also find a lot about liability, especially regarding what is reasonable (finding defects and not needing to be on the construction site around the clock).
Liability is, however, relatively subjective, I presume. One person passes the buck to another. But I am not very knowledgeable legally.
In the end, in my opinion, the following is sensible:
- Ask the Bauherren-Schutzbund and possibly other associations how it works for them, what it would cost, and what is supervised
- Ask TÜV, DEKRA, and possibly others what it costs and what they supervise and whether it can possibly be expanded (five appointments seem too few to me, gut feeling)
- Look for an independent expert and ask what they recommend and what it costs or ask them what the same service costs that one of the above offers, or what a flat-rate supervision like with an architect costs
- Ask an architect what they charge for this performance phase
Ask, obtain offers, weigh options, decide, and possibly post here with reasons for decision-making.
Personally, I think if you build with an architect, you can also go through all phases.
If not (as it probably will be with us, building directly with the construction company with its own planning department at a fixed price, cheaper than all GUs so far), then I tend towards the gentleman from the Bauherren-Schutzbund.
What they could have seen is limited to the fixed appointments agreed upon in advance with the supervisor.
TÜV and DEKRA work here with a multi-point (five?) plan, meaning five appointments when someone comes by and inspects the acceptance of certain phases and parts (e.g., after the installation of perimeter insulation of the basement).
Defects that occur between two appointments and are then, for example, "covered over" or otherwise concealed cannot, of course, be discovered by the expert and thus they are not liable for these.
A fixed fee is agreed upon/prescribed for these five appointments plus travel costs (charged per km).
A gentleman from the Bauherren-Schutzbund (Bauherren-Schutzbund) told me that he would come by for nine appointments. Billing is according to actual hours worked at €85/hour (uniform rate at the Bauherren-Schutzbund).
However, you must be a member there for €100?/year.
This one gentleman could also carry out the Kfw55 inspections (additional/ combined appointments).
If I want, the guy can also come to the construction site every day and check, €85/hour as mentioned.
With an architect, there is performance phase 8 construction supervision. A fixed fee (according to HOAI or lower if negotiated) is due for this. Due to the flat-rate commission, the architect is correspondingly liable for all phases.
If you search for "architect performance phase 8," you will also find a lot about liability, especially regarding what is reasonable (finding defects and not needing to be on the construction site around the clock).
Liability is, however, relatively subjective, I presume. One person passes the buck to another. But I am not very knowledgeable legally.
In the end, in my opinion, the following is sensible:
- Ask the Bauherren-Schutzbund and possibly other associations how it works for them, what it would cost, and what is supervised
- Ask TÜV, DEKRA, and possibly others what it costs and what they supervise and whether it can possibly be expanded (five appointments seem too few to me, gut feeling)
- Look for an independent expert and ask what they recommend and what it costs or ask them what the same service costs that one of the above offers, or what a flat-rate supervision like with an architect costs
- Ask an architect what they charge for this performance phase
Ask, obtain offers, weigh options, decide, and possibly post here with reasons for decision-making.
Personally, I think if you build with an architect, you can also go through all phases.
If not (as it probably will be with us, building directly with the construction company with its own planning department at a fixed price, cheaper than all GUs so far), then I tend towards the gentleman from the Bauherren-Schutzbund.