Stress with the architect - naively signed the preliminary contract

  • Erstellt am 2018-02-14 12:53:15

reeneex

2018-02-14 14:27:57
  • #1
Hm. Good question. What exactly it is. We spoke with the company ytong, who referred us to the contract architect or representative for this area. We have the planning contract according to HOAI with him.
 

jansens

2018-02-14 16:55:32
  • #2
So presumably you have a contract with an independent architect. As already mentioned, only a lawyer can really help you here and, above all, move things forward. Just to set expectations: the architect "owes" you the agreed service (e.g. planning for performance phases 1-3). If he has basically delivered that, you owe him his fee for it. The fact that the architect did poor work, did not reach an agreement with you, or was unfriendly is quite irrelevant for his payment. Proving that he provided poor quality work will be difficult to impossible. —> therefore, a settlement could be the most sensible way.
 

HilfeHilfe

2018-02-15 06:56:46
  • #3
I'm curious to see how it turns out. BUT he did do something, what amount did you envision paying? Did you make a proposal or completely reject it?
 

reeneex

2018-02-15 11:43:07
  • #4
We were willing to pay around 2500 - 3000€ out of the original 4700€. It was worth it for what he did. Rather less.
 

Zaba12

2018-02-15 12:48:35
  • #5
Since you have signed a contract where he is allowed to bill according to HOAI, you will also have to pay according to HOAI. It is not a contract where you can choose what you want to pay.

If he has demonstrably completed each item as a work package and has provided you with the results, then I believe you cannot avoid paying the requested amount. Judging by his approach, the architect is quite a cunning "dog"!

But here, too, the only solution is to talk to each other before it goes to a lawyer!!!
 

MayrCh

2018-02-15 13:36:14
  • #6
Just clicked through the old thread. The only usable (not completely crazy) floor plan came from your (the?) architect, and now you want to take the bread out of his mouth as well? And if I may judge your behavior and attitude in the said thread as an outsider: then I wouldn't necessarily want to put the failure of the collaboration solely on him.
 

Similar topics
29.09.2011Is construction pre-planning without signature / contract legally valid?12
18.02.2013Cost breakdown from architect - realistic?20
16.09.2014Termination of collaboration with architect - demands excessive fee28
04.07.2015House contract with financing condition, lawyer wanted10
27.12.2015Who has built with an architect? Experiences??85
04.07.2016Building without a contract - Concerns?39
13.04.2017What can a floor plan draft cost?14
17.04.2017Civil Engineer vs. Architect17
06.12.2018The architect and the client cannot agree on a design22
21.05.2019Experiences with building an architect at a fixed price?30
28.02.2019HOAI or why architects have no interest.....38
04.01.2022Architect, contract according to HOAI 2013 - refuses to provide service36
02.04.2020Architect costs? What did you pay? What price is normal?35
11.04.2020Construction law - hire a lawyer or not yet16
10.11.2020The architect is wrong with the estimates. And now?29
31.03.2021Comparability of costs Architect vs. General Contractor119
27.05.2022Architect - Flat-rate offer instead of HOAI for single-family house12
04.10.2022Architect does not keep the schedule - what to do?21
20.11.2024Floor plan EFH165 sqm first draft - Architect dissatisfied74

Oben