Termination of collaboration with architect - demands excessive fee

2014-08-20 15:52:51

It is not terribly difficult to unravel. The question of the "formation" of the contract is perhaps a bit tricky, but the OP informed the architect that he would receive his fee even in the case of a "non-commission." Essentially, this certainly constitutes a contractual relationship, which basically includes termination while maintaining the client's payment obligation. If I were advising the architect, I would argue in this direction, especially since he did actually perform part of the work.

I would offer him appropriate compensation for the services rendered and possibly pay half. In court and on the high seas.... an uncertain prognosis for both.

2014-08-20 17:10:20

So, whether minimum or maximum rate, I believe the architect can choose quite freely. From what has been described, it doesn't seem like he has to apply the maximum rate. The underlying net amount (!) also appears too high compared to his own estimate. And the statement in the email was meant to convey that compensation should indeed be made for incurred efforts. However, that doesn't mean an architect has to go all out, and I also don't know if he would really get away with that. I would try to ask the architect for a conversation on equal footing, explain to him that the chemistry between you simply doesn't match—which he probably agrees with—and also tell him that you want to pay for his efforts, but fairly for both sides.

2014-08-20 17:22:02

Have all four phases actually been completed in full?

2014-08-20 19:21:31

No, phase IV (approval phase) did not exist yet. Therefore, it is definitely not creditable. As for phase III (detailed design), it is only to be calculated proportionally because not everything was completed in the design.

2014-08-20 19:24:05

So, whether minimum or maximum rate, I believe the architect can choose quite freely. From the described situation, it doesn’t seem like he has to apply the maximum rate.
The underlying net amount (!). also appears too high compared to his own estimate.

And the statement in the email was meant to say that compensation should definitely take place for incurred efforts. But that doesn’t mean an architect has to go all out, and I also don’t know if he would really get away with that.

I would try to ask the architect for a conversation on equal footing, explain to him that the chemistry between you just isn’t right – which he probably sees as well – and also tell him that you want to pay for his efforts, but fairly for both sides.

That’s exactly what I meant. I just want to compensate the architect for his effort since we did get one or two tips from him. That would be about 40 hours ± 10 hours at an hourly rate of maybe €100. That would be fair and acceptable to both parties. But not €16,000.

2014-09-15 20:06:44

Is there already a result?

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Termination of collaboration with architect - demands excessive fee

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