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

  • Erstellt am 2019-08-23 22:03:42

Notstrom

2019-09-11 21:06:45
  • #1


Yes, that’s true, but honestly, I lack experience here. I don’t know if a threshold has already been crossed where turning back no longer makes sense...
 

11ant

2019-09-11 21:58:45
  • #2
What kind of intern was sitting at the hotline? Without legal basis: no – you commissioned the guy (implied by the conversations, a contract can also be concluded orally), the legal basis for the billing items is the HOAI, which you did not exclude. So there was a contract for work. Approval-capable draft: also no, because if the planning was discontinued beforehand, he cannot owe that. In my (legally of course lay) opinion, he fulfilled his contract for work up to service phase 3. But the trust (in his professional abilities, even if only as a client-understander) is probably irreparably damaged. I therefore consider it most expedient to involve a lawyer experienced in mediation to reach a settlement. From my point of view, there will be a settlement – in the third instance or earlier, that now depends on the skill of your legal advisor.
 

Notstrom

2019-09-11 22:09:18
  • #3

Inexperienced? I don’t know, to me it sounded more like “too experienced.”

I also spoke briefly with the Association of Private Builders earlier. He also sees it as rather “uncritical”...
 

DASI90

2019-09-11 22:09:39
  • #4


I absolutely agree with the latter. If you want to build with architects and possibly also award contracts, both sides must trust each other. I no longer see this basis here. It is probably best to try to limit the damage. The man has obviously done his job, so it would probably not be the right or fair way to keep arguing whether or not a contract has been concluded. The fact is he created the preliminary design and you also accepted and published it. Whether it is right to demand the 13,000 immediately is another question. Honestly, that seems quite a lot for phases 1-3! We have a higher overall fee ahead of us and have agreed a flat rate of 5,000 € net for phases 1-3.
 

Notstrom

2019-09-11 22:33:50
  • #5


That is indisputable. He did do something, that’s true. The only question is in what quality. If I were being harsh, we could discuss that he deliberately didn’t implement our wishes and requirements for so long or implemented them poorly, that in the end I dropped out...



That’s precisely the point of contention. I have absolutely zero transparency about how much he allocated for each phase since I don’t even have an offer. Here one could suspect calculation, if being cynical, that he now retroactively assesses the phases however he pleases. 13,000 is about a third of his total fee. For what? For two unwanted and two drafts based on our templates. Seriously?
 

11ant

2019-09-11 22:39:47
  • #6
If at least one of the two undesired drafts is approvable, the fee is formally earned. And the two drafts based on your templates virtually fulfill the basic evaluation. You see: it is highly naive to legally consider the matter practically already won without a fight.
 

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