HOAI or why architects have no interest.....

…. cheap to build.

I have been reading along here for a while. I am surprised that in Germany architects apparently were able to keep their privileges. What do I mean by that? Architect fees are determined based on "fee-entitled" construction sums. So an architect primarily has an interest in building expensively, right? Years / decades ago this system was also common in Switzerland. In phases of extreme construction cost increases, the compensation system for architects was revised. Today in Switzerland no one pays an architect according to construction sums anymore. Never. I do not want to question the (justified) salary of the architect with this. Only the sensibility of defining a fee based on "construction sums" or "building costs" seems rather old-fashioned and not sensible: An architect must be compensated for his effort. If a wall costs twice as much, he definitely does not have twice the effort! The jurisprudence in Germany is apparently clear. Even if the billing according to HOAI is done afterwards, this is covered by the courts (as it is not seen as "circumvention"). Or am I mistaken? Am I on the wrong track?

I am not familiar with HOAI, so this should rather be understood as a question: #Liability

I know it from the notary field... there you also wonder why two exactly identical certifications are billed differently. Sense or nonsense? The argument is that a notary is liable for, for example, formulation errors and thus bears the risk of the amount.

How is it with architects? They are also liable for what they plan, right?

Yes, you are basically right, billing is done according to admissible costs as per [HOAI]. But no one is stopping you from agreeing on a flat fee in advance.

Yes, basically you are right, billing is done according to billable costs according to HOAI.

But no one prevents you from agreeing on a flat fee in advance.

I’m just not sure about that: To my knowledge, an architect can still bill retroactively according to HOAI - regardless of whether a flat fee was agreed upon. Whether he actually does that is, of course, another question..... (where there is no plaintiff, there is no judge).

So: our architect charges according to HOAI, BUT he takes a smaller construction sum and told me that he has to bill based on this amount, otherwise it would be unprofitable for him. Our house is estimated ready for occupancy at 560k, but billed according to 300k.

It can also be adjusted upwards or downwards with various other factors such as difficulty.