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

2019-01-29 10:32:36

10T happens; if it ends up only being the 10T, you belong to the few lucky ones.

However, this is also explainable after Post #113, and not a matter of taste or similar, or a performance not rendered.

Yes, of course. We also considered several 10k Euro buffers. But still, we should have been informed earlier.

2019-01-29 10:41:33

Thanks! Can we really demand that the old architect takes over our project again? What are we supposed to do if he says he doesn’t have time for it?

You have a contract. Who is listed as the executing architect? He should be listed there! So insist on contract fulfillment. Hopefully, the contract contains not only the service phases but also the executing person.

If he is difficult, you stop everything and give him a written deadline of 14 days to manage it according to the contract. Otherwise, separate.

2019-01-29 10:45:26

On the fee proposal that we accepted, the letterhead states Mr. alter Architekt, Dipl-Ing, Architect. Also:
- "my fee proposal for the execution of the architectural services"
- "I would be pleased to carry out the work for you and kindly request a written assignment."
- Signed by Mr. alter Architekt

Is that sufficient?

2019-01-29 10:52:15

I am still not quite sure how I should talk to the structural contractor. I would have said that we were quite shocked by the amount of the excavation. He will probably argue that it was necessary. And I would like to bring up that the new situation should have been discussed, but then he will probably feel cornered immediately and I won’t get anywhere...

2019-01-29 11:13:54

On the fee proposal that we accepted, the letterhead states Mr. old Architect, Dipl.-Ing., Architect.
Also:
- "my fee proposal for the execution of architectural services"
- "I would be pleased to carry out the work for you and kindly ask for written commission."
- Signed by Mr. old Architect

Is that sufficient?

Difficult. It could be enough. But you can guess the answer in the conversation. You just need arguments to counter.

2019-01-29 11:19:16

You have signed a contract. Who is listed as the executing architect? He should be listed there! So insist on contract fulfillment. Hopefully, the contract contains not only the service phases but also the executing person.

If he makes trouble, stop everything and give him a written deadline of 14 days to provide contract-compliant supervision. Otherwise, terminate.

But keep in mind. He did not bill according to HOAI. If you separate, he can catch up on this upon separation and you are already in the service phase of construction supervision! Thus, the final bill upon separation could be higher than his fee offer.

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

Ruhrgebiet23

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Ruhrgebiet23

Ruhrgebiet23

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