[INDENT]Hello, we are currently building a single-family house in NRW through a homebuilding company. Fortunately, the shell of the building is already completed. However, the whole project is developing poorly. In addition to planning errors that occurred early in the construction of the shell, there are now further mistakes, for example, no soil investigation was carried out as contractually agreed.
There is a construction specification document listing all building components and even naming some subcontractors, which have since changed during the construction phase. There is also a payment schedule that does not match the construction specification and does not adhere to the individual payment amounts. As a result, the fixed price cannot be maintained, and we will probably end up paying significantly more.
The building company only issues invoices and does not approve any of the trades' work, as there is no expert on site and no work is being properly completed.
We are now considering terminating the contract with the building company and engaging an architect who already has a good presence in this building area.
This architect would take over our project and contractually complete everything. With some effort, we would obtain an overview of all subcontractors and be able to collect new quotes in order to get a clear picture of the costs or the difference. The architect could take over the site management, review the offers and tenders from the trades, and approve the work performed. This would likely correspond to about 38% of the fee scale.
Question for the experts: What would the architect cost us based on a planned house price of 153,100.00 Euro (approximately 164,000 USD), or would the increased price apply?
We would appreciate some guidance to ensure that our current difficult situation is not further exploited. Thank you in advance.
Regards, Marion
There is a construction specification document listing all building components and even naming some subcontractors, which have since changed during the construction phase. There is also a payment schedule that does not match the construction specification and does not adhere to the individual payment amounts. As a result, the fixed price cannot be maintained, and we will probably end up paying significantly more.
The building company only issues invoices and does not approve any of the trades' work, as there is no expert on site and no work is being properly completed.
We are now considering terminating the contract with the building company and engaging an architect who already has a good presence in this building area.
This architect would take over our project and contractually complete everything. With some effort, we would obtain an overview of all subcontractors and be able to collect new quotes in order to get a clear picture of the costs or the difference. The architect could take over the site management, review the offers and tenders from the trades, and approve the work performed. This would likely correspond to about 38% of the fee scale.
Question for the experts: What would the architect cost us based on a planned house price of 153,100.00 Euro (approximately 164,000 USD), or would the increased price apply?
We would appreciate some guidance to ensure that our current difficult situation is not further exploited. Thank you in advance.
Regards, Marion
B
Bauexperte21 Jun 2012 12:55Hello Marion,
What does the payment schedule have to do with the performance description? Usually, it is listed in the construction contract or provided as a separate appendix.
Before you cancel the contract, you should definitely consult a lawyer and definitely initiate a procedure to secure evidence! If you do not do this, there may be warranty disputes later on with the architect you then hire, among other issues. Also, a “clean” handover from one contractor to the next must be ensured; otherwise, how will you know—worst case—who to hold responsible for any damages?
If the architect’s role is limited to construction supervision for building regulation purposes, they can be a good choice. However, if they also run a full architectural office with the usual architect tasks, you should carefully check whether they have enough time available for your project. If not, an external construction manager might be more appropriate.
The architect always calculates their fee according to the fee schedule, which is based on the chargeable construction costs. This means the basis for calculation is the remaining funds that still need to be spent on the construction.
From now on, assuming the architect’s calculated construction costs:
1. Preparation of award of contract: 10%
2. Participation in award of contract: 4%
3. Site supervision: 31%
4. Site care and documentation: 3%
[/INDENT]
Kind regards
ich123 schrieb:[INDENT]
[INDENT]... there is a payment schedule that does not match the construction performance description and does not adhere to the individual payment amounts.
Therefore, the fixed price cannot be maintained, and we will probably end up paying a lot more..
[/INDENT]
What does the payment schedule have to do with the performance description? Usually, it is listed in the construction contract or provided as a separate appendix.
ich123 schrieb:
The construction company only issues invoices and does not approve any of the trades, as they have no experts on site and there is nothing to be gained. We are now considering terminating the contract with the construction company and hiring an architect who is well established in this building area..
Before you cancel the contract, you should definitely consult a lawyer and definitely initiate a procedure to secure evidence! If you do not do this, there may be warranty disputes later on with the architect you then hire, among other issues. Also, a “clean” handover from one contractor to the next must be ensured; otherwise, how will you know—worst case—who to hold responsible for any damages?
ich123 schrieb:
The architect could take over the construction management, meaning they could review offers/tenders from craftsmen and approve the work. That would probably correspond to 38% in the fee schedule?? Question to the experts: What would the architect cost us for a planned house price of 153,100.00 Euro, or does the increased price then apply?
If the architect’s role is limited to construction supervision for building regulation purposes, they can be a good choice. However, if they also run a full architectural office with the usual architect tasks, you should carefully check whether they have enough time available for your project. If not, an external construction manager might be more appropriate.
The architect always calculates their fee according to the fee schedule, which is based on the chargeable construction costs. This means the basis for calculation is the remaining funds that still need to be spent on the construction.
From now on, assuming the architect’s calculated construction costs:
1. Preparation of award of contract: 10%
2. Participation in award of contract: 4%
3. Site supervision: 31%
4. Site care and documentation: 3%
[/INDENT]
Kind regards
Hello,
The architect calculates their fees based on the total construction costs of the project. However, they do not use the current house price as a basis but calculate the costs themselves. The total costs then form the basis for their fee. I do not know which share of which design phases they will still need to deliver; this depends on the design and construction status.
Best regards
The architect calculates their fees based on the total construction costs of the project. However, they do not use the current house price as a basis but calculate the costs themselves. The total costs then form the basis for their fee. I do not know which share of which design phases they will still need to deliver; this depends on the design and construction status.
Best regards
Hello everyone,
thank you for your advice and tips.
Regarding the scope of work/payment schedule, I would like to explain the following: The construction project is planned as a turnkey project, and the scope of work is drafted accordingly. Therefore, the payment schedule does not list or include specific trades or fixtures. Contractually, the builder is supposed to accept the completion of the trades according to the construction progress (warranty), but this does not happen; instead, only the payment is demanded. The consequences of this are probably clear... the risk in interior finishing/technical installations is much too high, and even the expert could only then verify this afterwards, so the change does not seem justifiable to me.
But what will the architect cost if construction costs are already rising?
It should remain affordable for us...
Best regards
thank you for your advice and tips.
Regarding the scope of work/payment schedule, I would like to explain the following: The construction project is planned as a turnkey project, and the scope of work is drafted accordingly. Therefore, the payment schedule does not list or include specific trades or fixtures. Contractually, the builder is supposed to accept the completion of the trades according to the construction progress (warranty), but this does not happen; instead, only the payment is demanded. The consequences of this are probably clear... the risk in interior finishing/technical installations is much too high, and even the expert could only then verify this afterwards, so the change does not seem justifiable to me.
But what will the architect cost if construction costs are already rising?
It should remain affordable for us...
Best regards
Hello,
as mentioned before, billing is done according to HOAI (fee scale for architects and engineers). The basis is, as already stated, the construction costs. But no one actually knows those. Then it depends on which service phases the architect still has to deliver. Here, no one knows either.
Assuming that the construction costs actually remain at 150,000 euros and that service phases 6 to 8 still have to be carried out, you should expect around €10,000.
Best regards
as mentioned before, billing is done according to HOAI (fee scale for architects and engineers). The basis is, as already stated, the construction costs. But no one actually knows those. Then it depends on which service phases the architect still has to deliver. Here, no one knows either.
Assuming that the construction costs actually remain at 150,000 euros and that service phases 6 to 8 still have to be carried out, you should expect around €10,000.
Best regards
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