ᐅ Final inspection with architect – is an expert recommended?

Hello,

We built with an architect (not a general contractor or similar), and the site supervision was also handled by the architect. Most trades were contracted by the architect as well, after consulting with us. Now the final inspection of the completed single-family house is coming up, and we are wondering whether it is necessary or worthwhile to involve an independent building surveyor or similar expert. We often read that warranty and liability issues when building with an architect are different compared to a general contractor, so having an independent expert carry out the handover inspection might not be essential.

Do you have any tips or recommendations? Of course, an independent expert may notice things differently (independently), but what matters to me is whether it actually makes a difference if defects appear over the coming years that are not visible now or are noticed but need to be fixed by the architect or the contracted trades anyway.

Is there anything else from a homeowner’s perspective that we should consider? It’s not about saving a few thousand US dollars, but rather whether it is really necessary and what an independent expert can actually find after completion.

Unfortunately, my searches on this topic only returned information on final inspections with general contractors, so I hope this subject is acceptable to discuss here.

Viki1984 schrieb:

Now the final inspection of the completed single-family house is coming up

So you didn’t inspect the individual trades together with the architect, but plan to do it now at the end with all the contractors at once? No checks for defects in the individual trades along the way? Because you can’t really approve the entire house since there is no general contractor responsible for it.

Viki1984 schrieb:

You often read that the issue of warranty and liability in a project with an architect is different than with a general contractor (GC),

In the sense that instead of having a single point of contact for the entire house, you have 37 points of contact for each trade (or however many you have hired).

Viki1984 schrieb:

Building acceptance by an independent expert

You actually have one involved throughout the entire construction process. It’s called the architect. Or was the architect not hired for this phase (building supervision, phase 8)? That would be unfortunate, since if you only do the acceptance now at the end, you won’t be able to spot defects behind plaster, flooring, and so on.

Viki1984 schrieb:

I am more concerned about whether it makes a difference if defects occur in the years ahead that you can’t see now, or if you can see them and the architect or the hired trades will have to fix them anyway.

If you have a competent architect who was also tasked with construction supervision, it doesn’t make a difference. The architect is no longer involved—your contacts are now only the individual trades. The architect does not repair defects but can act in your interest under phase 9 (project completion) and take care of issues.

Viki1984 schrieb:

Unfortunately, I’ve only found information about final inspections with a GC when searching this topic.

That’s because there is no formal final acceptance when building with individual trade contracts. You can search in vain for that.

nordanney schrieb:

So you didn’t inspect each trade together with the architect during construction, but are now doing a joint final inspection with all the contractors at once? No defects found during the individual trade inspections? Because you can’t really approve the house since there is no general contractor for the house.

No, the individual trades were inspected by the architect/site manager – but I never received any information about this.
Now it is basically about the architect’s final inspection.

nordanney schrieb:

You had the architect by your side throughout the entire build. That’s what an architect does. Or was he not contracted for that phase (phase 8)? That would be unfortunate, because if all inspections happen only now, you won’t see defects hidden behind plaster or flooring anymore.

No, phases 1–8 were agreed upon.
Phase 9 was not commissioned.

So, if I understand correctly, an independent expert is not necessary for the upcoming “final inspection” (even though it’s not one in the usual sense as I understand it now) because the architect is liable for defects discovered within the following (5?) years?
Does anything legally change once the final payment is made or after the meeting with the architect has taken place?
Or does this only apply to inspections involving the general contractor, e.g. regarding burden of proof and similar issues?

Viki1984 schrieb:

So, I understood correctly that an independent expert is not necessary for the upcoming "final inspection" (even if it’s not one, as I understand it now?),

Correct.

Viki1984 schrieb:

because the architect is liable for defects found in the following (5?) years?

No, the architect is liable only for defects related to their own responsibilities. Each individual contractor is initially liable for defects in their work. Only if you can prove the architect was negligent in supervising or controlling the construction can you hold them responsible.
You are now accepting the architect’s services (meaning their phases of work), assuming that the individual trades have already been accepted by the architect on your behalf. After that, the architect leaves you alone with your house and your contractors.

Viki1984 schrieb:

Does anything legally change when the final invoice is paid?

Whose final invoice?

Viki1984 schrieb:

For example, burden of proof, etc.?

The shift of the burden of proof applies to every work contract. Until acceptance, the service provider must prove that they worked without defects (e.g., the heating installer, the electrician, etc.). After acceptance, you must prove that the provider delivered a defective service.
This also applies to the architect and their services (design, contracting, construction supervision) – but they are not responsible for the tradespeople.

nordanney schrieb:

No, the architect is liable for defects related to their tasks. For defects in the building itself, each individual craftsman is initially responsible. Only if you can prove that the architect failed in their site supervision/construction monitoring can you hold them accountable.
You are now accepting the architect’s work (meaning their services phases), if the individual trades have already been accepted by the architect on your behalf. After that, the architect leaves you alone with your house and your contractors.

I don’t see it that way:
When commissioning the relevant service phases, the architect is jointly and severally liable for the work together with the contractor (§421 German Building Code). According to §650t, the client must first attempt to enforce their claim for remedial work against the contractor before the architect’s liability comes into play. However, this means, in particular, that if the contractor becomes insolvent, the architect is liable for defects regardless of how thoroughly they supervised and planned.

Reference: Search for "joint and several liability of the architect" and consult byak.

Disclaimer: This is only my understanding of the law and is not intended to replace costly advice from a specialist lawyer.

thangorodrim schrieb:

Disclaimer: this is only my understanding of the law and should not replace costly advice from a specialized lawyer.

Yes, the property. Joint and several liability applies, but a prerequisite for joint and several liability among multiple parties is the equality of their obligations. According to consistent case law, the architect’s liability for damages due to defective planning or construction supervision (service phases 1 to 8) and the contractor’s obligation to remedy defects are considered equal in rank.
However, the emphasis is on defective.
At some point in 2022 or 2023, there was also a Federal Court ruling that pointed in the same direction.