Single-family house, approximately 160m², Bauhaus style; first draft according to our wishes

The architect definitely gets paid. If necessary, he bills the design planning according to HOAI. No written contract is needed for this. Oral agreements are just as valid. You won't get away without paying anything. People usually know that when building with an architect. With [schlüsselfertig], the designs are usually free of charge.

I haven't followed the conversation with you completely. How did you get in touch with your architect? Was there apparently a flat rate agreed upon (is there any basis for this?)? How is the invoice itemized?

No, there is no itemization available to us, no offer, nothing. We had another offer and could thus evaluate the offered €60,000 and agreed on a flat rate of €55,000 by phone. The breakdown now according to HOAI phases has only just been made available to us....

For an invoice of over 13,000€ for a service that only gives you the insight that you do not want it that way, the real question would be whether you should still try again together. The price of 55,000€ should then remain, right?! Otherwise, it probably applies that you have to pay. He is a service provider and does not owe a favor comparable to a hairdresser, but the service.

Best regards

The architect definitely gets paid. If necessary, he charges for the design planning according to HOAI. No written contract is needed for this. Oral agreements are just as valid. You won’t get away without paying anything. You basically know that if you want to build with an architect. With turnkey projects, the designs are usually free of charge.

Well... without Ph 1 and Ph 2 (and there simply is nothing for these), from my point of view there is no Ph 3, meaning no design planning and thus, in my view, no claim to this fee. Or do I have a flaw in my reasoning here?

In my opinion, the architect has performed service phases 1-3. You have already presented the design here. As for the cost calculation, I do not know what you have received or not.

I would also be cautious here. A service has been rendered after all. Therefore, with these prices, one should consider whether to sit down together and still come up with something nice. The last draft has already been improved here in the forum to the point that it would become a coherent matter. Maybe the architect also has strengths in dealing with the building authority and the trades, which you do not see yet.

Once the lawyer is involved, it is hardly possible to turn back. On the other hand, it could really be a dud. Now your intuition and construction sense are required.