The planner does not perform any calculations according to DIN 276

She means she does not have to fulfill all services, so the lph would also be billed proportionally. [/] when I look into the hoai I feel sick at what she has not done. That would go beyond the scope here

Assuming she has only performed 28 out of 35 individual basic services, I would also only credit her linearly 4/5 in your place – then it is up to her to argue which of these were relatively more valuable, so that the linear reduction would go too far. I would offset the compensation for the scaffold that was planned for too long. Afterwards, I would pay the fee for the entire service phase to which the cost estimates belong separately to the district court, where she can collect it against handing over the required basic services. A lawyer will properly draft this for you. He will also give her a note that the reduction of the HOAI basic scope of the architect contract could not have been done unilaterally. Even as a freelancer, one cannot just pick and choose arbitrarily which parts of their contract with the client they "opt out" of providing against generous waiver of their remuneration like their least favorite subject in upper secondary school. A litigious lawyer might even use the word "fraud."

The first cost estimate according to DIN 276 is a basic service in service phase 2. She owes it to you – which doesn't really help you now, 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 ripcord).

Thank you – that already helps me. So basically I can demand this calculation – and disregard her remark that she is not familiar with this standard. She is of the opinion that this standard is not contractually relevant. She doesn't even bother to fake it ;)

This powerlessness – our helplessness – simply leaves me speechless. Now, after completion of the construction, when my father knows the costs – because he paid them – she is still of the opinion that “everything is within limits” – that's why I would so much like the cost determination. In which the estimate and the actual costs are compared.

I can only shake my head (of course also about my father, who is not actually stupid and has run a company all his life).

My father really trusted in good faith. Often heard the justification “Corona, and cost explosion.” He then remarked that the costs could never be adhered to.

At some point, it was also reached that he just wanted to be finished – the holiday apartment was also not an option.

Now, having read a bit into the HOAI – I am simply speechless – several offers were not presented to him for a trade. She selected the companies and then presented them as the only companies suitable. My father accepted all that. He just wanted his little house. The construction then dragged on for years, there was never a construction log or similar. All inquiries were laughed off – always other pretexts. She took care when the construction was at a standstill for weeks, for example, costs for the scaffolding then arose, etc. As I said – I feel sick when I look into the HOAI, because so many things simply did not happen, so that I already feel ridiculous with my question.

With a cost estimate of 80K€ and not even fully billed performance stages, the target must have been missed by a wide margin, right?
There must have been easily 600-700K€ conversion costs.
But it must also be said that such an increase in costs, as occurred in the construction industry over the last 4 years, could not be calculated or predicted in advance. And if the bricklayers were already 90K€ over, that was probably foreseeable quite early on.

yes, we are roughly in that range of construction costs!!!

I definitely want to thank you in advance for the help and the answers. The whole thing just leaves me speechless - and now I am at an age where I can fight for my dad, as he has done for me his entire life!

yes, we are pretty much exactly in that range of construction costs!!!

And that is why we have been asking for calculations etc. for such a long time. I thought this was one of the main tasks of an architect – cost monitoring. However, she does not acknowledge any of this, has never created a calculation, and as mentioned – she is not familiar with DIN 276 and believes that this is not a service owed.

But please be careful not to have only partial information, otherwise you’ll get confused. I had that with my wife’s grandmother or rather my then-girlfriend’s grandmother. Only fragments came to light that people got upset about and thought should be looked at. But when you asked more closely, the facts turned out quite differently. And legally, as the then-boyfriend of the grandson, I wasn’t authorized to clarify anything anyway. And whether a 70-year-old still remembers everything that was presented 3-4 years ago, I would also doubt.

If you have followed the forum over the past years, during the time of the big price increase some architects from several companies requested offers, but in the end only an overpriced defensive offer came. Then even the architect can only do so much.