ᐅ Issues with the Architect's Invoice for a Planned Construction Project
Created on: 12 Dec 2021 17:55
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WildenteHello everyone,
The question was whether it would be possible to convert a pigsty with a grain storage into apartments. A contractor came to take a look and recommended an architect, who visited the site with another lady and took the old building documents with her. Later, she called and said that after consulting with the building authority, a building permit (planning permission) would be approved if the exterior appearance remained unchanged and the neighbor raised no objections. However, it turned out that we are currently unable to proceed with the construction project for operational reasons. I informed the architect about this by phone and politely asked if I owed her anything. She replied, "What should I charge for, since nothing was done." After several weeks, she sent back the building documents we had given her – together with an invoice for 5 hours, which I immediately returned in frustration. Yesterday, the invoice arrived again by registered mail, referencing HOAI §§ 1 and 2 in the cover letter, and she demands immediate payment while putting us in default.
Until now, no contractor who was asked to inspect a possible job and provide an offer has ever charged for this. We never received an offer or any other services from the architect; the invoice was the first and only written document. Does half an hour of inspection and a phone call with the building authority to initiate a business relationship justify charging five hours at the HOAI hourly rate? She interpreted my question about whether I owed her anything as an invitation to invoice. What now – I appreciate any advice, or are we left with only a lawyer and court proceedings?
Having had a bad experience, from now on no one will come onto our property without first providing their costs in writing.
Wildente
The question was whether it would be possible to convert a pigsty with a grain storage into apartments. A contractor came to take a look and recommended an architect, who visited the site with another lady and took the old building documents with her. Later, she called and said that after consulting with the building authority, a building permit (planning permission) would be approved if the exterior appearance remained unchanged and the neighbor raised no objections. However, it turned out that we are currently unable to proceed with the construction project for operational reasons. I informed the architect about this by phone and politely asked if I owed her anything. She replied, "What should I charge for, since nothing was done." After several weeks, she sent back the building documents we had given her – together with an invoice for 5 hours, which I immediately returned in frustration. Yesterday, the invoice arrived again by registered mail, referencing HOAI §§ 1 and 2 in the cover letter, and she demands immediate payment while putting us in default.
Until now, no contractor who was asked to inspect a possible job and provide an offer has ever charged for this. We never received an offer or any other services from the architect; the invoice was the first and only written document. Does half an hour of inspection and a phone call with the building authority to initiate a business relationship justify charging five hours at the HOAI hourly rate? She interpreted my question about whether I owed her anything as an invitation to invoice. What now – I appreciate any advice, or are we left with only a lawyer and court proceedings?
Having had a bad experience, from now on no one will come onto our property without first providing their costs in writing.
Wildente
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Benutzer20012 Dec 2021 18:58Wildente schrieb:
The architect visited the site with another lady and took some old construction documents. She called later.It looks like you have signed a contract with the architect. Wildente schrieb:
Until now, no contractor who was asked to assess the possible work and provide an offer has ever charged for that.She didn’t provide an offer because you (see above) hired her specifically to check whether it’s feasible. Wildente schrieb:
We have neither received an offer from the architect nor any other services.Why an offer if you have already commissioned her? Billing the architect according to HOAI is normal. Wildente schrieb:
Justifies a half hour visit and a phone call to the building authority.Do you know exactly what she has done? Did she have to review the documents beforehand? Prepare for the call with the planning permission/building authority? Wildente schrieb:
She understood my question about whether I owe her anything as a request for invoicing.I would have thought the same... Wildente schrieb:
I’m grateful for any advice or is a lawyer and court proceedings our only option now?Just pay and consider it a lesson learned. Wildente schrieb:
As a burned child, no one will come onto our property in the future without giving us written cost estimates in advance.Then you will end up lonely.O
Osnabruecker12 Dec 2021 19:11What starts as a half-hour on-site meeting with two people can quickly turn into three billable hours. Then there’s reviewing documents, making phone calls, and so on. Five hours is quite reasonable.
schubert7912 Dec 2021 19:45Be glad they only charge for 5 hours.. just imagine what they could calculate according to HOAI!
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Traumfaenger12 Dec 2021 21:21I don’t think 5 hours is an excessive charge, especially since she only billed you for the actual time spent. It could have gone differently: she could have taken your requirements, created a design (or simply adjusted a different, roughly fitting plan for you), presented it briefly, and then charged X% of the total project volume for 5 hours of work. In that case, you would have been looking at a five-figure amount. There are more posts in this forum from people who have had similar experiences.
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