ᐅ Issues with the Architect's Invoice for a Planned Construction Project
Created on: 12 Dec 2021 17:55
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Wildente
Hello 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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hampshire12 Dec 2021 22:41The opening thread reminds me why I no longer do business with private individuals without a personal reference. Such strange things happen.
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Gerddieter13 Dec 2021 00:26Numbers and ticking off – I know what I’m talking about...
A decent architect would have dismissed this as just prospecting and would have been glad if you came back with it at some point... now the lady has simply disqualified herself...
Gerddieter
A decent architect would have dismissed this as just prospecting and would have been glad if you came back with it at some point... now the lady has simply disqualified herself...
Gerddieter
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HilfeHilfe13 Dec 2021 06:40Who orders pays. Where do you get anything for free?
She might have given up a workday because of you, where she could have earned money elsewhere.
She might have given up a workday because of you, where she could have earned money elsewhere.
Well, the architect was commissioned by you to check whether the desired plan could be realized. That is different from “a commission to submit an offer.” I do think she could have indicated the cost of such a commission, but you hired her. A contract does not have to be in writing to be valid. Therefore, I find the architect’s behavior (did she really charge you with default immediately?) somewhat inappropriate, but she is likely within her rights.
Five hours may not seem like much; travel time and so on surely also added up.
The architect does not run a commercial business but works as a freelancer. She will not carry out a review or examination free of charge – that is how she makes a living – and a lawyer would not do that either.
The architect does not run a commercial business but works as a freelancer. She will not carry out a review or examination free of charge – that is how she makes a living – and a lawyer would not do that either.