ᐅ Architect misses renovation deadlines and forgets agreements. What to do?
Created on: 28 May 2021 08:43
S
Sube
Hello everyone,
I’m new to the forum. A brief introduction: about a year ago, my wife and I purchased a townhouse in need of renovation in Munich. For the renovation, we had proposals and preliminary plans made by various architects and chose what seemed to be the most convincing offer at the time. We added a two-month buffer to the estimated timeline, planned to move into the house by the end of April, and accordingly sold our apartment.
However, over the past year it has become clear that our architect works very informally and, for example, often forgets many (agreed) tasks and apparently does not visit the construction site very frequently. This has also been partially confirmed by the tradespeople involved. The April move-in date has long been missed, and there is no end in sight. The last verbal update from the architect was that we could move in within four weeks. But the current status is that the heat pump is only expected to arrive next week. Our extension is unfinished. The screed (floor leveling) is still missing, as are the floor finishes.
I am now wondering how to most effectively put pressure on the architect. I am (still) hesitant to take legal action. Here are a few of the major issues that have gone wrong:
1) Heat Pump Planning: At the end of 2020, we repeatedly emphasized that we wanted to decide on the heat pump as soon as possible so that the BAFA grant application could be submitted. Contrary to our wishes, a meeting with the heating engineer did not take place until February 2021. Since the BAFA funding rules changed in 2021, there was confusion in ordering the heat pump, resulting in the pump only arriving next week.
2) Electrical Connection for Heat Pump: The existing house electrical supply needs to be upgraded, which apparently requires an application to the utility company. Despite repeated inquiries to the architect about whether everything necessary had been arranged, I never received a clear answer. When I became suspicious, I contacted the electrician directly today—shortly after, I received an email from the architect attaching the application to the utility company, filled out over a month ago, asking for signature and submission. The architect had assumed that I had already received this application from the electrician for signing.
3) Decentralized Ventilation Planning: In February, we decided on a decentralized ventilation system and clearly communicated this. We only received the contract from the window manufacturer to sign afterward; it includes trickle vents (window frame vents), which must not be present with a decentralized ventilation system. Additionally, the current cost estimate lists the decentralized ventilation as "optional." This was clearly against our wishes and can now only be reversed with considerable effort (sealing the trickle vents, retrofitting electrical connections for the decentralized ventilation).
4) Overall Planning: We have never received a detailed schedule, despite my persistent requests over several months. We are currently staying with a small child in temporary accommodation and keep extending our stay every few weeks. Each time, the architect says that the available time will definitely be sufficient. Currently, we have four weeks left, which surely will not be enough (see above). We have not received a schedule for the upcoming weeks, and our current request to at least organize advance purchasing of tiles and parquet flooring has also been ignored.
5) Price Increases: Many tasks are being carried out by a renovator who has worked with the architect for many years. While the cost estimates for all other trades have been roughly maintained (except for unforeseen issues), the "drywall work" item (before tax) has increased from €15,000 to over €47,000 between the February and May estimates. After tax, this represents a price increase of more than 9% of the original total cost.
I would be very grateful for any advice on how to proceed.
Best regards,
Stampfbeton
I’m new to the forum. A brief introduction: about a year ago, my wife and I purchased a townhouse in need of renovation in Munich. For the renovation, we had proposals and preliminary plans made by various architects and chose what seemed to be the most convincing offer at the time. We added a two-month buffer to the estimated timeline, planned to move into the house by the end of April, and accordingly sold our apartment.
However, over the past year it has become clear that our architect works very informally and, for example, often forgets many (agreed) tasks and apparently does not visit the construction site very frequently. This has also been partially confirmed by the tradespeople involved. The April move-in date has long been missed, and there is no end in sight. The last verbal update from the architect was that we could move in within four weeks. But the current status is that the heat pump is only expected to arrive next week. Our extension is unfinished. The screed (floor leveling) is still missing, as are the floor finishes.
I am now wondering how to most effectively put pressure on the architect. I am (still) hesitant to take legal action. Here are a few of the major issues that have gone wrong:
1) Heat Pump Planning: At the end of 2020, we repeatedly emphasized that we wanted to decide on the heat pump as soon as possible so that the BAFA grant application could be submitted. Contrary to our wishes, a meeting with the heating engineer did not take place until February 2021. Since the BAFA funding rules changed in 2021, there was confusion in ordering the heat pump, resulting in the pump only arriving next week.
2) Electrical Connection for Heat Pump: The existing house electrical supply needs to be upgraded, which apparently requires an application to the utility company. Despite repeated inquiries to the architect about whether everything necessary had been arranged, I never received a clear answer. When I became suspicious, I contacted the electrician directly today—shortly after, I received an email from the architect attaching the application to the utility company, filled out over a month ago, asking for signature and submission. The architect had assumed that I had already received this application from the electrician for signing.
3) Decentralized Ventilation Planning: In February, we decided on a decentralized ventilation system and clearly communicated this. We only received the contract from the window manufacturer to sign afterward; it includes trickle vents (window frame vents), which must not be present with a decentralized ventilation system. Additionally, the current cost estimate lists the decentralized ventilation as "optional." This was clearly against our wishes and can now only be reversed with considerable effort (sealing the trickle vents, retrofitting electrical connections for the decentralized ventilation).
4) Overall Planning: We have never received a detailed schedule, despite my persistent requests over several months. We are currently staying with a small child in temporary accommodation and keep extending our stay every few weeks. Each time, the architect says that the available time will definitely be sufficient. Currently, we have four weeks left, which surely will not be enough (see above). We have not received a schedule for the upcoming weeks, and our current request to at least organize advance purchasing of tiles and parquet flooring has also been ignored.
5) Price Increases: Many tasks are being carried out by a renovator who has worked with the architect for many years. While the cost estimates for all other trades have been roughly maintained (except for unforeseen issues), the "drywall work" item (before tax) has increased from €15,000 to over €47,000 between the February and May estimates. After tax, this represents a price increase of more than 9% of the original total cost.
I would be very grateful for any advice on how to proceed.
Best regards,
Stampfbeton
H
HilfeHilfe29 May 2021 06:25Phew, good luck and keep us updated.
H
hampshire29 May 2021 09:08This is what I would do:
It’s inconvenient, but apparently you as homeowners need to take on more project responsibility than before.
Good luck.
- Get communication up to date: clearly document agreements, requirements, and issues
- Update or create a project plan – take initiative if none is provided
- Involve all contractors, especially the renovation specialist
- Set meaningful milestones
- Compare content with offers and prices
- Assess risks
- If necessary, develop alternatives (with prices)
- Lead focused discussions aimed at solving specific problems instead of reviewing past issues. You can review details once the project is underway. Priority: finish on time
- Establish your own contact with contractors if not already done – important for problem-solving and accountability
It’s inconvenient, but apparently you as homeowners need to take on more project responsibility than before.
Good luck.
Thanks to Gerddieter and 11ant for the additional opinions. Especially because the recommended approaches differ, the contributions are very helpful for forming our own view. Overall, we have gained some clarity.
We have set a deadline for the schedule with the architect. If there are any updates, we will request weekly updates of the plan and access to the construction log.
Additionally, we will consult a lawyer to determine whether, upon receipt of the final invoice for HOAI Phase 8, we should require proof that the schedule and log were maintained throughout the entire phase and possibly withhold payment.
A year ago, we already considered ourselves very forward-thinking when we decided not to manage the renovation ourselves but to hire an architect to "handle everything" 🙁
Further opinions are very welcome.
We have set a deadline for the schedule with the architect. If there are any updates, we will request weekly updates of the plan and access to the construction log.
Additionally, we will consult a lawyer to determine whether, upon receipt of the final invoice for HOAI Phase 8, we should require proof that the schedule and log were maintained throughout the entire phase and possibly withhold payment.
A year ago, we already considered ourselves very forward-thinking when we decided not to manage the renovation ourselves but to hire an architect to "handle everything" 🙁
Further opinions are very welcome.
I missed two posts while replying. Thanks also to HilfeHilfe and hampshire for your opinions.
I will do that.
That seems to be the case. I really like the proposed structured approach, and we will try to move in that direction.
HilfeHilfe schrieb:
ufff good luck and keep us updated
I will do that.
hampshire schrieb:
It’s annoying, but apparently you as homeowners need to take on more project responsibility than before.
That seems to be the case. I really like the proposed structured approach, and we will try to move in that direction.
Sube schrieb:
If anything comes up, we will require a weekly update of the plan and access to the construction log. However, a weekly update should not mean guessing a new move-in date every week. The plan only makes sense if it is binding from the start and all deviations refer back to Plan 1.0.0.0. What should be provided weekly, and urgently so, are REPORTS. The deviations shown in the reports must not create new PLANS; instead, the current week's report must include how these deviations will be resolved, so that next week’s report can document the corrective actions and the report of the following week can confirm the restoration of plan compliance. Without the ARCHITECT regularly and promptly reviewing the construction log, this will not work. In the current situation, this means the architect must be present on site at least three times a week! Otherwise, you will be moving away from the goal of a ready-to-move-in house and closer only to improved documentation for damage claims.
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Thanks to 11ant for the great summary of the schedule. It’s almost like a general guide to project planning.
Current status: The architect seems to have realized we’re serious, worked through the weekend, and sent a schedule late last night. It looks exactly like I had pictured it (a Gantt chart outlining all upcoming steps). According to this plan, it will now take a few weeks longer than the last verbal estimate, but after more than three months since construction started, we finally have something that seems realistic. We’re quite frustrated that we were too lenient for such a long time and didn’t push hard enough.
Next step: Meeting tomorrow. I’ve asked to receive the site diary in advance as preparation. We’ll see what comes of that.
Current status: The architect seems to have realized we’re serious, worked through the weekend, and sent a schedule late last night. It looks exactly like I had pictured it (a Gantt chart outlining all upcoming steps). According to this plan, it will now take a few weeks longer than the last verbal estimate, but after more than three months since construction started, we finally have something that seems realistic. We’re quite frustrated that we were too lenient for such a long time and didn’t push hard enough.
Next step: Meeting tomorrow. I’ve asked to receive the site diary in advance as preparation. We’ll see what comes of that.
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