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

I am just not sure about that: As far as I know, an architect can still bill afterwards according to HOAI – regardless of whether a flat rate was agreed upon. Whether he actually does so is, of course, another question..... (where there is no plaintiff, there is no judge).

correct, it's called minimum rate underrun

A quick note to the people here:

Many architects still live in the past (e.g. HOAI 2002/2009) and bill based on the so-called cost determination (i.e. the actual construction costs). These were often pushed artificially high to receive higher fees.

This is no longer provided for under the new HOAI 2013. The basis for the fee is the cost estimate (usually to be prepared as part of the design/approval planning).

Why: Because the legislator wants architects and engineers to stick to their cost calculations in order, among other things, to ensure that the construction costs are actually adhered to.

In plain English: If the architect calculates 300k for the house and it ends up costing 500k (because his calculation was, as almost always, wrong), he won’t see a cent more.

And that’s a good thing ;)

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

Why is it unprofitable for the architect to charge more for the same service? At first glance, this is incomprehensible, since he would receive a higher fee with the same effort if he charged the higher sum. Is he retired, part-time, or somehow tax-advantaged?

Why is it unprofitable for the architect to charge more for the same service? At first glance, this is incomprehensible, as he would receive a higher fee with the same effort if he charged the higher amount. Is he retired, part-time, or otherwise special in terms of taxes?

No, he is a renowned and respected architect with a large office (14 employed architects). On the one hand, he would not have received the contract, and on the other hand, the construction costs are a cautious estimate from him. He does not want to unfairly pass on the construction price development to us. Still, with the 300k basis, he is by no means living hand to mouth...

Just because you write that it is unprofitable for the architect to set higher construction costs. I do understand that he is accommodating you with that.

It meant that everything under 300k is unprofitable for him. You can already negotiate with them.

Now I also understand the logic.