ᐅ The planner does not carry out any cost calculations according to DIN 276.
Created on: 11 Feb 2025 01:14
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Antjeaergert
I have been reading diligently here and searching the forum – but I am simply overwhelmed.
We have the following problem. My father bought a listed (heritage-protected) house five years ago. The project was overseen by an architect.
An initial survey was conducted, and the renovation costs were estimated at around 400,000 euros.
Unfortunately, there is only one email in which the architect confirms that my father cannot spend more than 400,000 euros and that the costs would definitely stay within that range.
However, this is not the (current) main issue. The renovation, after four years spent in a holiday apartment and a planned duration of two years, has finally been completed.
The costs have, of course, gone completely out of control – my father raised this issue with the architect several times.
Towards the end of the project, he simply gave up and paid the invoices because he just wanted the house to be finished.
Now we have asked the architect to provide us with the cost estimate, calculation, and cost determination according to DIN 276, so that we can understand the costs and especially the overruns.
This request has simply been ignored – to this day, no estimate, calculation, or anything similar based on DIN 276 has been prepared. She even said she was not familiar with this standard.
She is now issuing her final invoice, claiming that she has fulfilled all her obligations.
This simply leaves me speechless. We were never informed about any warranty periods, even though defects have already appeared and we have asked about this.
Furthermore, there is still an unresolved invoice from a roofer who set up scaffolding here for weeks, which was not used. (However, I do not think this is my father’s fault.)
Do we have to pay all of this and really have no right to any calculation or clarification of the costs so that we can understand them? And does my father really have to pay the 10,000 euros for the scaffolding? The planner is actually responsible for scheduling – isn’t that why we hired her?!
I would be truly grateful for help – after all the trouble and the construction period, we are slowly at our limit – and the architect’s behavior cannot be lawful. Is she really allowed to present the final invoice without us having any claim to the services mentioned above?
This is a normal architect contract according to HOAI – she was responsible for work phases 1–9.
We have the following problem. My father bought a listed (heritage-protected) house five years ago. The project was overseen by an architect.
An initial survey was conducted, and the renovation costs were estimated at around 400,000 euros.
Unfortunately, there is only one email in which the architect confirms that my father cannot spend more than 400,000 euros and that the costs would definitely stay within that range.
However, this is not the (current) main issue. The renovation, after four years spent in a holiday apartment and a planned duration of two years, has finally been completed.
The costs have, of course, gone completely out of control – my father raised this issue with the architect several times.
Towards the end of the project, he simply gave up and paid the invoices because he just wanted the house to be finished.
Now we have asked the architect to provide us with the cost estimate, calculation, and cost determination according to DIN 276, so that we can understand the costs and especially the overruns.
This request has simply been ignored – to this day, no estimate, calculation, or anything similar based on DIN 276 has been prepared. She even said she was not familiar with this standard.
She is now issuing her final invoice, claiming that she has fulfilled all her obligations.
This simply leaves me speechless. We were never informed about any warranty periods, even though defects have already appeared and we have asked about this.
Furthermore, there is still an unresolved invoice from a roofer who set up scaffolding here for weeks, which was not used. (However, I do not think this is my father’s fault.)
Do we have to pay all of this and really have no right to any calculation or clarification of the costs so that we can understand them? And does my father really have to pay the 10,000 euros for the scaffolding? The planner is actually responsible for scheduling – isn’t that why we hired her?!
I would be truly grateful for help – after all the trouble and the construction period, we are slowly at our limit – and the architect’s behavior cannot be lawful. Is she really allowed to present the final invoice without us having any claim to the services mentioned above?
This is a normal architect contract according to HOAI – she was responsible for work phases 1–9.
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Antjeaergert13 Feb 2025 14:22She has not provided any document or report about the current construction costs, and that just cannot be right.
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chand198613 Feb 2025 14:39Antjeaergert schrieb:
She has not provided any document or report showing the current construction costs, and that can’t be right, can it? Of course, that shouldn’t be the case.
However, I don’t understand what this breakdown will help you with if you already know exactly how much each item cost?
If I were in your position, requesting a breakdown from the architect would be secondary. The primary question would be whether you have any legal claims for compensation. Only a specialized lawyer can clarify that. Equally important is deciding how much effort you want to invest and what exact outcome you want to achieve. From your side, I still see a lack of clarity about the goal. Receiving just this breakdown isn’t an end goal by itself, or am I mistaken?
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nordanney13 Feb 2025 14:49chand1986 schrieb:
The main question is whether you have any legal claims for compensation. I already recommended a few pages earlier to consult the basic services defined in the HOAI...
So yes, if service phase 8 is commissioned, cost determination must also take place – it is paid for by the client (or at least the architect expects to be paid – regardless of the services actually provided).
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Antjeaergert13 Feb 2025 15:41nordanney schrieb:
I already recommended a few pages earlier to refer to the basic services defined in the HOAI...
So yes, if service phase 8 is commissioned, the cost verification must also be carried out – it is also paid for by the client (or at least the architect wants to receive the payment regardless of the work performed).And this could possibly explain an overrun of the construction budget, etc.
How far this goes, I don’t know; however, my main approach against this woman is to demand the services, since she is already urging for the final invoice – and with payment of this invoice, the architectural services would be considered accepted.
I didn’t build with an architect, so I’m completely unfamiliar with HOAI.
The first thing I noticed is that when I add up the percentage figures in the contract, they total 87%. So not all service phases have been agreed upon, right?
It would probably also need to be checked which version of DIN 276 actually applies. The contract is certainly several years old.
Look for this:
“Do costs have to be determined according to the new DIN 276 from now on?”
As far as I understand, there are significant differences between the old and new DIN 276. If the old version still applies, the cost estimate in service phase 2 must be carried out according to DIN 276. (According to #7, this was probably done.)
For determining the eligible costs, that could also be used, but apparently, contrary to what the contract states, the eligible costs were calculated using the Winden cost table, not based on the actual costs.
Regarding the cost explosion again: your father, as you said, received a cost estimate for the individual trades with minimum and maximum values. If the bricklayer’s quote is so much more expensive than the maximum estimated, then action could have been taken back then to stop it. It has been widely reported in the media that construction prices are skyrocketing and that contractors are issuing defensive bids.
If now, after 4 years, the daughter (who is not a contracting party) loudly questions everything from the last 4 years that the contracting party previously approved and signed off on, I would let that slide as well.
Possibly accompanied by the blanket statement that this DIN is unknown to her.
The first thing I noticed is that when I add up the percentage figures in the contract, they total 87%. So not all service phases have been agreed upon, right?
It would probably also need to be checked which version of DIN 276 actually applies. The contract is certainly several years old.
Look for this:
“Do costs have to be determined according to the new DIN 276 from now on?”
As far as I understand, there are significant differences between the old and new DIN 276. If the old version still applies, the cost estimate in service phase 2 must be carried out according to DIN 276. (According to #7, this was probably done.)
For determining the eligible costs, that could also be used, but apparently, contrary to what the contract states, the eligible costs were calculated using the Winden cost table, not based on the actual costs.
Regarding the cost explosion again: your father, as you said, received a cost estimate for the individual trades with minimum and maximum values. If the bricklayer’s quote is so much more expensive than the maximum estimated, then action could have been taken back then to stop it. It has been widely reported in the media that construction prices are skyrocketing and that contractors are issuing defensive bids.
If now, after 4 years, the daughter (who is not a contracting party) loudly questions everything from the last 4 years that the contracting party previously approved and signed off on, I would let that slide as well.
I originally just wanted to know whether the architect’s claim is correct that she does not have to prepare any calculations according to DIN 275
Possibly accompanied by the blanket statement that this DIN is unknown to her.
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chand198613 Feb 2025 16:05Antjeaergert schrieb:
And this might explain a possible cost overrun, etc.But you already know that the construction budget was exceeded, right? Even if now an estimate "appears" that totals 650k, your father wouldn’t have known about it.And since I obviously don’t think like a lawyer, as I still don’t understand what benefit this document has (aside from you having to pay for its preparation), my opinion remains that you should simply hire a lawyer.
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