The planner does not perform any calculations according to DIN 276

There is a cost estimate - in which the possible construction costs are listed - each given with a maximum and a minimum value.

An application for monument funding was also submitted, which must also include the estimated costs.

I thought this estimate, the calculation, and the determination according to DIN 276 were basic services according to the HOAI.

The costs for the masons alone were exceeded by 90,000 euros - which, given the targeted total costs of 400,000, already represents a considerable overrun.

The client was my father, who is widowed and wanted to fulfill a small dream. He simply resigned within the 4 years - bore the costs, repeatedly pointed out that the targeted construction costs could no longer be met.

At some point he just wanted to finish the construction - during the construction period he lived in a vacation apartment at the age of 72.

Now the architect would like the remaining 80,000 euros that she calculated in total - and from this point on I basically got involved. Because I believe she must at least provide the cost determination - where the overrun becomes clear.

She denies everything and just said she does not have to provide this.

Even if I wanted to leave out details - the scaffolding was erected by a roofer who, however, only started work after more than a month. I am really mainly concerned with the question of whether an architect can really refuse all estimates, calculations, and the determination according to DIN 276 - since in my opinion this is still mentioned as a basic service in the hoai, according to which she also invoices.

The first cost estimate according to DIN 276 is a basic service in performance phase 2. It is owed to you - but that doesn’t really help you anymore, because in the end it will be faked anyway. The cost estimate is precisely there to allow a comparison of budget and costs (and if necessary to pull the emergency brake).

she has a diploma from the fh - supposedly a specialist planner?!

now the architect would like the rest of the 80,000 euros that she charged in total - and from this point on I basically got involved. Because I am of the opinion that she should at least provide the cost determination - where the overrun becomes clear

Is she an architect now or not?
If she is not an architect, maybe she is not allowed or does not have to provide the service.
If I read it correctly, specialist planners only handle partial tasks (e.g. structural engineer).
They also bill according to HOAI.

Is there a contract with the architect, covering which service phases?

Is there a contract with the architect, covering which service phases?

It is a completely normal architect contract according to HOAI - she was entrusted with service phases 1-9.

Above all, she also talked them into service phase 9.

I pointed that out to her - several times. She says she doesn't have to fulfill all services, so the phases will be billed proportionally.

With an 80K€ cost note and not even fully billed service phases, the target should have been greatly exceeded, right? There must have easily been 600-700K€ in conversion costs. But it must also be said that such an increase in costs as has occurred in the construction industry in the last 4 years could not be calculated or predicted in advance. And if the bricklayers were already 90K€ over, that was probably foreseeable early on as well.