Responsibility of the architect in case of KfW interest and further matters

  • Erstellt am 2018-07-13 11:44:17

Ruhrgebiet23

2019-01-28 21:25:35
  • #1
So should we contact the shell builder, even though we have already paid the invoice?
 

Dr Hix

2019-01-28 21:28:11
  • #2
Getting money back is obviously much harder, but not impossible.

On the other hand: What do you expect from the architect in this situation?
 

Ruhrgebiet23

2019-01-28 21:30:52
  • #3
Right, there is not much to expect...
My horror keeps swinging back and forth between the shell builder and the architect. But horror or anger is not a good advisor when it comes to what you can really demand (not ask, understood ).
 

Ruhrgebiet23

2019-01-28 21:34:05
  • #4


But doesn’t a cost calculation reduce deviations?
 

Dr Hix

2019-01-28 21:47:40
  • #5
This is determined by the court on a case-by-case basis, but yes, in principle that is correct. However, it doesn't really help you because at best it leads to the architect being liable for damages. The damage in this case is not the additional costs, but at most, for example, higher interest costs of a refinancing (compared to the original loan). The additional costs are so-called "sowieso-Kosten" and you are stuck with them because you have already received a countervalue of the same amount (the contractor's performance).
 

Ruhrgebiet23

2019-01-28 23:01:03
  • #6
Ok, thank you.

One more fundamental question: If a company's invoice has been mathematically and technically checked by the architect and we have received payment approval, but we ourselves have doubts about the correctness of the invoice. Does the company then have the right to expect that we pay the invoice, and we have to make claims against the architect? Or is the architect's review more of an informative nature and the company must also prove the correctness of the invoice to us?
 

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