Termination of collaboration with architect - demands excessive fee

Is there already a result?

Hello Voki1,

no, there is no result yet. I have not responded to the architect's email in which he made the claim for the 16,000€. So far, there has been no further communication from him either.

I will wait and see if anything else comes up.

His approach has shown me that it is the right decision not to build with him. In hindsight, I am also glad that the escalation happened now, because changing architects during the construction phase is very inconvenient and probably also costly....

Best regards
Nils

Hello Voki1,

No, there is no result yet. I have not responded to the architect's email - in which he made the claim for the 16,000€ - and so far, I haven’t received anything further from him.

I’m waiting to see if anything else comes.

His approach has shown me that it was the right decision not to build with him. In hindsight, I’m also glad that the dispute arose now, because changing architects during the construction phase is very cumbersome and probably costly....

Best regards
Nils

So, he has not issued an invoice for fees to date? As long as you do not have an actual, written invoice for fees in paper form in front of you, you are at least not in default. But basically, everything is still up in the air. The architect can still issue an invoice at any time - the claim to his fee doesn’t expire that quickly. But I wonder, since you already know him personally in private, there surely must be an easier way than going through a lawyer, etc.?!

But I see, similar to my predecessors, the architect’s email only as an offer - nothing else. But in principle, such contracts can also be concluded orally.

So he hasn’t issued an invoice for fees to date? As long as you don’t actually have a written fee invoice in paper form in front of you, you are at least not in default. But basically, everything is still up in the air. The architect can issue an invoice at any time – the claim for his fee does not expire that quickly. But I wonder, if you already know him personally, then surely there is an easier way than going through a lawyer, etc.? But I see, as similarly my previous posters already do, the architect’s email only as an offer – nothing else. But basically, such contracts can also be concluded orally.

Hello Flexistone,

thank you very much for your reply.

No, there is no invoice in paper form yet, only the email in which he demands a fee of over €16,000. That’s why I don’t yet see any reason to get in touch with the architect. Whether or not we know the architect personally, of course I would prefer to settle out of court. I am aware that this whole matter still hangs over me like the sword of Damocles. I also know that a contract can be concluded by implied conduct.

The question to be clarified, however, will be whether he, as a general contractor – as he appeared – also has a claim to a fee. If yes, it will have to be clarified to what extent service phase 3 has been performed. Service phases 1+2 are undisputed and service phase 4 (approval phase) was definitely not performed.

For now, I have decided to wait for the architect. In principle, I am happy to have a clarifying conversation.

Regards Nils

Hi,
an architect cannot be a general contractor. General contractor and architect are two completely different things. The architect does not sell you a house at a fixed price and accordingly does not make an offer for a turnkey house. If he makes you an offer, it is at most for his fee based on the estimated costs ([construction costs]).
As an architect, however, he is bound to the HOAI and must necessarily bill according to it.

So is he really a general contractor or an architect?

Regards

Hi,

an architect cannot be a general contractor. General contractor and architect are two completely different things. The architect does not sell you a house at a fixed price and therefore does not make an offer for a turnkey house. If he makes you an offer, it is at most for his fee based on the estimated costs (construction costs).
As an architect, however, he is bound by the HOAI and must necessarily invoice according to it.

So is he really a general contractor or an architect?

Regards

The architect has always spoken of a piece of house which he offered us at a fixed price. Accordingly, he acts as a general contractor who offers us an offer. We have rejected this. Subsequently, there was a demand for a fee amounting to just under €16,000.