Trouble with the architect over fees. Who has experience?

Hello dear ones!

For a long time, I have been reading along in your great forum to educate myself about a planned renovation! ;o)

Unfortunately, I now have a problem and hope that you can advise me.



The Beginning
It all started with an inheritance of an old three-family house.
This old house (built in 1890) has hardly been modernized in recent years, so now I have a backlog of renovations. Because I am very attached to the house and had planned to merge two of the vacant apartments (for my own use), I initially took care of all trades on site by myself and at first intended to coordinate everything independently.

I quickly realized that due to my (full-time) job (with constant travel) and especially my lack of knowledge in the craft sector, I would not be able to manage this alone.

Therefore, I inquired in my circle of acquaintances about an architect.
Everyone in the circle of acquaintances cooperated with an architect (also from the circle of acquaintances). Everyone from the circle of acquaintances who had worked with him (new construction and modernization) was enthusiastic and everything ran smoothly, so I also wanted to work with these acquaintances.

I met him at the site and told him my plan (modernization of the house, i.e. replacement of all wooden windows, painting the facade, re-insulating and re-roofing the roof, renewing the heating system in two apartments, and merging two apartments).

My budget back then was naively 200,000€. He told me that it could not be realized with 200,000€ and that I should expect more. Thus, I increased my budget to 300,000€ to 310,000€.

Since there were no valid sketches of the residential building anywhere, he informed me that these would first have to be created for cost estimation.
Naively and innocently as I was, I verbally gave him this order and a few weeks later received the “AS-IS sketches” of the residential building for 2,500€. (Just briefly on the side: I have only received these “AS-IS” sketches and “AS-IS” sections printed twice and never as a digital version to this day.)

Quite quickly, the friendly architect came up with the idea of widening and extending an existing annex. When I asked him whether this would be within the budget of 300,000€, he said cautiously that he could not say for sure and that he would need to calculate it.

By email I then received an HOAI online cost calculation for service phases 1–4. This amounted to a gross total of 13,500€.

Since I was very naive and innocent, he was a good acquaintance and everyone in the circle of acquaintances had consistently positive experiences with him, I commissioned him via email.
Apart from this email, I have no architect contract or the like (as I said, very naive and innocent).



1st Preliminary Design
Some time later I received a preliminary design by email which I was supposed to review.
As I said, since I am not “from the construction sector”, I called him and asked if this design was within the budget. Again, I was told that one could not say for sure since everything first had to be calculated.
This design included the widening and extension of the existing annex. After slight changes (bathroom size and similar), I approved the first preliminary design and a few days later received the preliminary design along with the cost calculation.

This amounted to just under 700,000€.
Furthermore, the notes on the cost calculation incorrectly stated my maximum budget. According to the notes, it should have been 360,000€.

Since I was very shocked, I arranged an office meeting with the architect. An employee of his was present at this meeting. Unfortunately, we did not record anything from this meeting in writing (as I said, stupid, naive, innocent).

In the meeting, I repeatedly pointed out my maximum budget (max. 310,000€). Since he was somewhat clueless, I made suggestions on how to realize the construction project without enlarging the annex.
Furthermore, I agreed with the architect that he would call me if the maximum budget was exceeded again. In that case, he should stop work and arrange an office meeting with me. He promised me this orally. (Again, no written documentation of the criticism.)



2nd Preliminary Design
A few days later, I again received an email with a second preliminary design.
Since this did not include an enlargement of the annex, I approved it and a few days later received another email with the approved second design, a cost calculation, and notes on the cost calculation.

Since I had not heard anything from the architect and assumed everything was fine now (otherwise he would have called me), I opened the email and was shocked.

The construction sum was just under 460,000€ and according to the notes on the cost calculation, my maximum construction budget was still supposed to be 360,000€.
Because I was so shocked, I replied that I would like a one-month reflection period. He agreed to this.



Invoice and Further Development
A few days later I received his invoice. According to the invoice, I should now pay almost 10,000€. Shocked as I was, I first pondered various things and wrote him an email a few days later.

In this email, I terminated him for important reasons.
I wrote to him that I had received his invoice but was disputing it because it differed from the initially received cost calculation and was not transparent to me.

Furthermore, I pointed out that I always had a maximum budget of 310,000€ and he had failed despite repeated hints to correctly incorporate this in the notes on both cost calculations or even approach it in the construction project.
I also pointed out that he had not stuck to our agreement after the office meeting following the first preliminary design (to stop the calculation and contact me).

I further asked him to redesign the invoice, to return the keys to the property, and to send me the digital files of the already paid measurement and existing condition drawings.

A few days later, he acknowledged receipt of the email. He did not understand why I disputed the invoice but offered me 8,500€ (because we are good acquaintances and he really likes me).

He wrote that he was really sorry, that I now had two valid complaints, and that maybe after the economic downturn, I might be able to implement them more cheaply. However, at the moment this was not possible because the market is “totally overheated.”

I wrote him another email. I again rejected the offered 8,500€, pointed out the existing grievances again (wrong maximum construction sum, maximum construction sum exceeded by threefold and one and a halffold, not adhering to the agreed stop of calculation after the office meeting following the first design).

I made it clear to him that I felt hugely fooled but offered him an office meeting. In this meeting, I wanted to find a mutually agreeable solution, get the keys to the property, and receive the digital formats of the already paid measurement and existing condition drawings.

At first, I received a casual email in which he initially referred to the first fee offer I had received at the beginning. Further in the email, very casually, that I should just pay what I wanted and would receive my files and keys.
He further explained that he could not implement my planned “desired tariff” (he means the maximum construction sum) because the entire house simply needs too much renovation.

One day later, I received an email in which he apologized for his very casual manner in the previous email. He offered me an office meeting.

In the office meeting, he now offered me 5,500€. He is very good at talking and in the end, I forgot to ask for the keys and digital files of the commissioned sketches.
Since it seemed as if he wanted to pressure me into a conclusion (acceptance of the 5,500€), I asked for reflection time again.

Next Tuesday morning, I have an appointment with him and unfortunately have still not made progress.

Since receiving the first invoice until today, almost 2 months have passed. That is also why I am very worried.

I have tried unsuccessfully to get advice in the last few days (since the last office meeting).
I have contacted consumer protection and the architect chamber for this but unfortunately to no avail.

My question now is, should I accept the 5,500€ or not?
That he has to receive payment for his work, I do not doubt.
But 5,500€ for two drafts that are never feasible for me because they exceed my budget many times over, I find that really excessive!!!

I have also thought about going to a lawyer (but what specialization should he or she have?), but on the other hand, I would prefer to settle it amicably with him since he actually comes from my circle of acquaintances.

Or what amount would be realistic as an offer from my side to him?

What do you think? Since I am really very disappointed and desperate, I would appreciate ANY ADVICE!!!

Many thanks (also for reading this novel, but I really could not make it shorter) in advance!

I hope that someone here in the forum can help me. Even if it’s only a tip on whom I could contact for advice.

If anyone expert is reading this here, I would be very happy if he or she could get in touch with me because I am really very, very desperate and simply don’t know what to do anymore.



With love (very desperate) regards!

To make it short: No written form is required for the contract with the architect. It could have been concluded orally, even without confirmation by email or similar. Since the architect was commissioned by you and created drafts, he is actually entitled to invoice according to HOAI. "Witzigerweise" it also does not matter whether his draft exceeds your budget... in my personal experience.

I'm really not an expert in this. But personally, depending on the relationship, I would sit down with him again. Of course, I can understand if a certain project simply cannot be realized with the previously agreed amount, but as someone who probably deals with this professionally quite often, he should be able to provide a better initial estimate. I would try to talk to him. He should get the 5,500 – if he can still give you some tips on where you could save. Where compromises could be made so that you stay within your budget. He should also know the levers where you can effectively reduce the amount. Just have a half-hour chat, take a few notes, then emphasize again that you simply don't have more budget, but otherwise would have liked to work with him, shake hands and that's it.

This is more or less how it probably goes.
Your bad luck that you actually have a house in need of renovation on your hands. At least that's how it seems when reading.
Whether that is the case, we cannot say. But everything suggests that he did not take advantage of you or anything like that. And yes, no written document is required for the order.
I also think that his offer of 5500 is fair. Mental effort is often underestimated.
I don’t know: can nothing be done with the drawings after all?
As writes?

If you do want to consult a lawyer, even just for an advisory meeting, it would be in the field of construction law.
But keep in mind: naively and unknowingly, signing with a lawyer is equivalent to a mandate, meaning: you are giving him an order.

I can only advise you to pay the amount if it is within reason. At least what he has performed according to the fee schedule. You are not the first to fall for an architect from your circle of acquaintances. Although the term "fall for" is actually not correct. The architect was just doing his job. Our architect also only spoke of euros per cubic meter of room volume up to the offers and was always cautious about the costs.

Which is also understandable. In this early phase, the estimation inaccuracy is over 25%.
That's just how it is.

Hello,

first of all, I have to say that it is a really long text that you wrote...

In the initial cost estimate, the architect may deviate by +/- 20%, and after awarding the trades, even less.

Now to your question: you can terminate an architect contract according to HOAI at any time without reasons. The architect can insist on payment, but he has very poor chances. He can only hope to reach an agreement, which he is trying to do. Actually, he does not have to be paid for this "thinking work," why should he, if it is clear that it is not within the budget, or would you pay someone who designs a castle for you without you wanting and being able to pay for it? That was already very clear in our first meeting, budget and ideas should go hand in hand.

How you proceed from here is entirely up to you.

BUT: of course I have to say I was not present at your meetings, I have not seen the designs he created, and I do not know to what extent they can be reused.

If it is completely unusable, then I would also pay nothing.