Termination of collaboration with architect - demands excessive fee

Good morning!

Thank you very much for the many comments.

No contract was concluded in writing. But the contract can also be concluded by implied conduct, right? At least that is how I understand stefanh, that this is exactly what happened with him.

The architect did not point us to the HOAI. At least I am not aware of this now. I would have to read through all the emails again on this matter.

Unfortunately, I informed the architect in my cancellation that - in case the choice does not fall on him - we will of course pay him his fee according to HOAI. However, I assumed that this is paid based on effort.
The architect is also referring to this with "I gladly accept your offer...".

Regards Nils

Hello Jochen,

I do not have legal expenses insurance. However – I googled it once – there is no legal expenses insurance that covers the construction of a new house. But this was only the result of a quick internet search and not expert advice regarding legal expenses insurance.

I will probably involve the lawyer of the [Bauherrenschutzbund] as we probably will not make progress otherwise.

Regards
Nils

Hello Nils,

thank you very much for your sympathy.

I am not writing here to comfort users like you or to "give a virtual hug" via keyboard; nor is the HBF a wish fulfillment service.

Yes, my sympathy for you is limited; you have rightly recognized that. On the one hand, because it is absolutely incomprehensible to me to want to undertake a project like building a house and believe you can handle it alone; to want to manage it as a complete layman; you only involved the Bauherren-Schutzbund later. From your writing style, I also gather that you are certainly not one of the most easygoing people; if I am mistaken, I apologize gladly.

I primarily involved the Bauherren-Schutzbund to check whether any documents were missing or whether, besides the services listed in the construction and service description, additional services might arise for us that are not contractually fixed. What I mean is, I just wanted to make sure that nothing was forgotten here and we wouldn't be surprised during the construction phase that further costs not contractually agreed upon would arise.

Fundamentally correct; if you had read a bit in forums beforehand, you surely would have sought different support. Not a few "experts" (warning, this term is neither protected nor precisely defined) of the Bauherren-Schutzbund know as much about construction as I do about cattle breeding in America. Therefore, I wouldn’t bet on the Bauherren-Schutzbund’s cost estimate if I were you.

This was also all just due to the sloppiness of my architect, because he presented us with documents that were really poor. For example, in the construction contract (which we did not sign!), the names of our neighbors were listed as clients...

That can happen – we have also once prepared a building application and named the property address of another client in it. You should assume that no one can walk on water and that mistakes are part of human existence, just like air is to breathing.

But that’s not the point here; although I also don’t understand that you – I assume that the chemistry was already off in the first conversation – quietly observed a draft planning by the architect. What motivated you not to end the "collaboration" early on?

As for your contractual assessment, I also assume that a contract was concluded through implied conduct.

You can count on that; chalk it up to "life experience" and try to approach things more cleverly in the future

Rhenish greetings

Hello construction expert,0

this time I am not thanking you for your comment, as it is only taken negatively here

I gladly accept your apology, because actually I am not a complicated person at all.

I am not just talking about one mistake here, but a multitude of mistakes. With one or two mistakes – not to mention spelling – I would never say anything. Because, as you yourself say, no one is exempt from that. It was only the sheer number of mistakes that made me want to submit the construction contract along with the construction and service description to the Bauherren-Schutzbund.

The chemistry with the architect was right from the start. We also know him personally, which makes the whole matter a bit more complicated. That is why the Bauherren-Schutzbund was not involved from the beginning, because we actually had trust in him. The architect also pointed out some things to us and gave good tips that we hadn’t seen before. So the money has not been completely wasted.

The fact that he didn’t listen to us only really became apparent to us during the conversation with the Bauherren-Schutzbund. Finally, the last email with the architect now shows me that it is right to pull the emergency brake. It would have been much worse during the construction phase.

Hello Nils,

this time I won't thank you for your comment, it's only taken negatively here

Sentence structure and the little word "Anteilnahme" made me suspect irony. So okay, please excuse me; I'm not feeling well today – probably neither are my brain cells. My disc has been telling me since yesterday that my body must not move.

The fact that he didn’t listen to us only really became apparent to us during the conversation with the Bauherren-Schutzbund.

I can’t comment on that because I lack the "clarification" from the Bauherren-Schutzbund regarding your project. On the other hand, I have had my experiences with this association...

Last but not least, the last email with the architect now shows me that it is right to pull the emergency brake now. It would have been much worse during the construction phase

D ´accord.

Additionally, you have now learned that it is rarely a good idea to do business with friends and/or acquaintances; this also applies to family. Take your time to reorient yourself – either an independent architect (and then ask about the costs beforehand) or a provider you trust. And always remember, there are no difficult plots, only bad planning.

Rhenish greetings

Hello,

There was an architect who sold his services for a design, but the construction project was not carried out. Afterwards, he wanted to be paid again in full by another client for the same plans. That did not work out in this form.

This note is now of little help, as it leaves open which contractual contents were underlying and whether it can be applied to the case of the original poster. Since you apparently are familiar with the topic, can you go into more detail on this case?

Rhineland regards