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

We actually do not want to part with him. I am afraid that I cannot demand more from other architects either, and that would again mean significant additional costs.

Just out of interest: Is it legal for the HOAI to be stated in the contract and then not be used for billing?

And I also wonder how the examinations of the offers are supposed to look in reality: If you demand that the provider change part xy, they say, given the workload, that we can do our things alone... At the moment, we don't even get offers for some trades.

Just out of interest: Is it even legal for the HOAI to be listed in the contract and then not be billed accordingly?

You are in contact with a lawyer now, right? Legal advice is up to them.

Get someone locally, a construction expert, and then the journey continues.

I’m not quite sure how I should talk to the structural carpenter either. 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 immediately cornered and I won’t get anywhere...

I only observe from what’s written that there are obstacles to speaking frankly with those involved.

Actually, everyone on the construction site is tougher and can handle straightforward talk.

And I also wonder how the review of the offers is supposed to look in reality: If you demand the provider to change part xy, he says with the current order situation that we can do our stuff alone... We are currently not even getting offers for some trades.

PLEASE GET SOMEONE TO YOUR SIDE WHO TAKES YOU BY THE HAND.

It’s less about the things that are already included, but about the things that will still come.

I am also building right now. That means I am not living in any other reality. I ask for an offer and if after reviewing it something does not suit me or I want it changed, I meet with the [Gewerk] in the evening and discuss everything or have everything explained to me that I do not understand.

Where is the problem?

The problem is that we can be glad if we even get any offers...

According to a calculator on the internet, for the quantity of 24 tons of crushed stone (compacted), approximately 13m³ of excavation should have been done beforehand. This should include the crane and the driveway, unless he did not charge you for the crushed stone under the crane. This would mean that the excavation for the extension has increased from 34 to around 80m³, and I would at least have that explained by the structural builder. And as has already been written elsewhere here, according to VOB you have the right to demand a recalculation if there is an excess quantity of >10%. It is important that you insist on this, as the structural builder is not obliged to do it on his own initiative.

Regarding the architect: You have no right to be personally supervised by him. Nor would you have the right with the craftsman that the master, and not his journeyman or even apprentice, works for you. The former architect is liable for the errors of his employee, and that must be enough for you (as unsatisfactory as that may be).