Terminate architect contract due to slow planning?

  • Erstellt am 2020-05-18 08:32:49

MayrCh

2020-05-19 12:43:19
  • #1

What is being delayed? The contractually agreed completion/delivery deadline?
Or a (more or less) non-contractual schedule?
 

guckuck2

2020-05-19 13:07:44
  • #2
Are there contractually agreed deadlines?

The completed service phases will have to be paid for.
Keep in mind in your approach, especially if you perhaps live in a rural area, your reputation as a non-payer spreads quickly within the industry.

Your architect is not delivering because, like everyone else, he has too many orders. You won’t be able to exclude this with the next one, but you can be more meticulous with the (written fixed) deadlines. Deriving a reason for termination from delay alone is not enough; there must be contractual penalties, otherwise it’s toothless. Whether someone will sign that for you is another matter.

I would go through with it now. Delay must always be expected; this time it was only the architect, next will be the trades (or not ). Especially in renovation, there are always surprises.
 

MaxLumoc

2020-05-19 13:15:43
  • #3
/ Deadlines in the contract: That is exactly the problem. He knew about our desired date but never addressed setting up a schedule. He said in between: Phase X would be finished in one to two weeks, which usually got delayed and then became three to four weeks. Only recently, when I made acceptance/payment dependent on a schedule, did he set up a schedule with calendar weeks once. The first two weeks of this were met, then it got delayed again. Since he has no time for the appointment with the structural engineer until the end of the month, his schedule realistically couldn’t have been feasible anyway. (LPH6 should have been completed in the last calendar week – can LPH5 even be considered completed if the structural engineer hasn’t even been consulted yet?) Now we have given him a schedule with fixed deadlines per calendar week, which he still has to review...
 

HilfeHilfe

2020-05-19 13:23:31
  • #4
Well, the review is positive!
 

MayrCh

2020-05-19 13:33:42
  • #5
So no completion deadlines were contractually agreed upon in plain text. Therefore, it would need to be clarified what constitutes a "reasonable execution period." Whether the planning and execution of LPH 1-8 for gutting, renovation, and roof expansion are currently "reasonable" must at least be questioned. On the one hand, against the background of Covid-19, and on the other hand, against the current workload situation in the craft trades. My brother-in-law has needed carpenters since the beginning of the year. Out of many, many inquiries, he now has a commitment for July 2021.
 

MaxLumoc

2020-05-19 15:34:01
  • #6
All the more it annoys us that the architect let so much time pass. (And that I did not immediately insist on an appointment for the services he was to provide.) We will probably make him an offer to conclude a cancellation agreement that grants him the fee up to LPH5.
 

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