Q
QlriPower12 Apr 2017 14:09Small issue:
I am planning (or rather planned) a new build.
An architect was recommended to me who had previously worked on a similar semi-commercial building for someone else.
I contacted him and explained my plans.
He agreed to take on the project. However, it turned out to be extremely slow. He never met the promised deadlines, not even the ones he committed to later. It was very frustrating, and it took almost six months for me to receive any initial floor plan draft. Dozens of promised deadlines were missed, and I always gave him a week before following up.
He then wanted to look into a detail regarding fire protection.
Again, no response came.
At this point, I got fed up and stopped following up.
If I already have to chase him like this now, how will it be once the construction phase starts?
Four months have passed since then, and because I stopped reaching out (yes, with him, you have to keep following up every time a deadline lapses, only to be postponed three more times), he has now sent me an invoice for more than 1000€ for the draft.
I don’t think this amount is reasonable, as it is supposedly based on 21 hours of work, which seems unlikely. If the charge were around 200€, I would pay it since I did receive something and he did do some work.
However, I was never informed that I would have to pay for such a draft. There was no contract, only a few emails where we exchanged drawings.
Now the question is: am I required to pay this (in full)?
He could just have asked for 3000€ straight away, just like that. This can’t be right.
I am planning (or rather planned) a new build.
An architect was recommended to me who had previously worked on a similar semi-commercial building for someone else.
I contacted him and explained my plans.
He agreed to take on the project. However, it turned out to be extremely slow. He never met the promised deadlines, not even the ones he committed to later. It was very frustrating, and it took almost six months for me to receive any initial floor plan draft. Dozens of promised deadlines were missed, and I always gave him a week before following up.
He then wanted to look into a detail regarding fire protection.
Again, no response came.
At this point, I got fed up and stopped following up.
If I already have to chase him like this now, how will it be once the construction phase starts?
Four months have passed since then, and because I stopped reaching out (yes, with him, you have to keep following up every time a deadline lapses, only to be postponed three more times), he has now sent me an invoice for more than 1000€ for the draft.
I don’t think this amount is reasonable, as it is supposedly based on 21 hours of work, which seems unlikely. If the charge were around 200€, I would pay it since I did receive something and he did do some work.
However, I was never informed that I would have to pay for such a draft. There was no contract, only a few emails where we exchanged drawings.
Now the question is: am I required to pay this (in full)?
He could just have asked for 3000€ straight away, just like that. This can’t be right.
Q
QlriPower12 Apr 2017 14:47Hi, so it is a 300m² (3,229 sq. ft.) hall with a 110m² (1,184 sq. ft.) apartment inside.
The preliminary design includes the floor plan of a standard apartment expanded by a large space, the hall. The total cost is about €300,000.
No, there is no written contract. Everything was done by phone and a few emails where I sent sketches and received the floor plan back.
The preliminary design includes the floor plan of a standard apartment expanded by a large space, the hall. The total cost is about €300,000.
No, there is no written contract. Everything was done by phone and a few emails where I sent sketches and received the floor plan back.
The HOAI (Fee Structure for Architects and Engineers) provides a framework outlining the value of individual service phases. However, if I understand correctly, you did not commission just a basic floor plan design, but rather the usual complete "planning suitable for approval," and the contractor has not delivered this full scope of services. Without reasons for their delay—at least some of which you would need to accept—I would see them as more likely liable for damages than in a position to demand that you accept and pay for the floor plan as it is now. If you find the floor plan satisfactory, I would suggest making them a settlement offer. However, I question how effective it would be to continue working based on a colleague’s draft rather than having the new contractor start from scratch.
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Q
QlriPower12 Apr 2017 15:09Well, what was actually commissioned was only discussed verbally during the initial phone call. I wanted a draft including a cost estimate so I could understand how realistic the entire project is. In writing, I only received a preliminary draft, as stated on the drawing itself. The cost estimate was given to me only over the phone.
The floor plan roughly matches what I want, as it is based on my template.
However, it is obviously not ready for submission, since fundamental fire protection issues still need to be clarified.
The floor plan roughly matches what I want, as it is based on my template.
However, it is obviously not ready for submission, since fundamental fire protection issues still need to be clarified.
TriPower schrieb:
I have received a preliminary design, [...]
The floor plan roughly matches what I want, as it is based on my template.
However, it is clearly not ready for submission yet, since fundamental fire protection issues still need to be resolved.The preliminary design is a type of draft primarily intended to agree on the building mass distribution and room layout. The permit planning comes afterward and must address all applicable regulations that need to be complied with.
If the architect has merely "traced" your template, their fee expectation is probably exaggerated.
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