ᐅ Clause in the Architect Agreement – Planning

Created on: 27 Nov 2014 18:44
U
Username_wahl
Hello, I have a few questions:

- Would you agree to the clause "The contract may only be terminated for very important reasons"?

- Would you agree to the clause "Plans and tender documents may not be shared with uninvolved third parties without the approval of [the architect]"?

- Would you commission all phases according to HOAI at once, or would you award the contract step by step and possibly have construction supervision done by someone else (who might not know the contractors as well or understand the architect’s intentions behind the design)?

- Is it common that phase 9 is not offered by the architect?
U
Username_wahl
27 Nov 2014 22:18
Hello. One more question. To better estimate the foundation costs in advance, we want to have a soil survey conducted before signing a house contract, as this is usually recommended. But what about the surveying? Should we commission this ourselves now, or leave it to the architect? And what exactly is measured during this process? We already have the development plan with the "standard cross-section"; does that have anything to do with it? How much does the surveying cost?
B
Bauexperte
28 Nov 2014 11:35
Hello,
passivhaus schrieb:

- Would you agree to the clause "The contract may only be terminated for very important reasons"?
Any contract can be terminated for an important reason.
passivhaus schrieb:

- Would you agree to the clause "Plans and tender documents may not be shared with uninvolved third parties without [the architect’s] consent"?
I assume the architect wants to prevent their design/copyright from being adapted by a general contractor. You need to clarify what you are buying: the right to use the design or the design itself, without any conditions.

I wouldn’t sign that clause without clarification, because you will need the plans to have the working drawings prepared and to carry out the tender process. Even your financing bank will require the plans. So make sure this is specified clearly!
passivhaus schrieb:

- Is it normal that phase 9 is not offered by the architect?
"Site inspection to identify defects before the warranty periods for claims against the executing companies expire. Monitoring the correction of defects occurring within the warranty periods, but no longer than five years after acceptance of the construction work. Assisting with the release of securities. Systematic compilation of the drawings and calculation results of the project."

If your preferred architect excludes this, there is probably a good reason; it doesn’t necessarily mean they are "lazy"!

Many architects nowadays work mainly as design architects; their practical experience may be limited. Often, they rely on long-term partnerships with craftsmen. For this reason, I often recommend commissioning an external expert for the construction supervision. I would contract the architect up to phase 7 and hire external expertise for phases 8 and 9.
passivhaus schrieb:

But what about surveying? Should we already commission that or leave it to the architect? And what exactly will be surveyed? We have the site development plan with a "standard cross-section"; is that related? What does the surveying cost?
In North Rhine-Westphalia, an initial draft site plan is required to submit a building permit/planning application at all. If the same applies in Saarland, commission a surveyor you trust in good time.

The architect needs the elevations above sea level noted on that plan in order to adjust the design according to the zoning plan regulations; sewer invert levels are also marked there. The surveyor also has to set out the batter boards and later re-measure the finished building and submit the data to the land registry office. Depending on the land cost, ground reference value, and commissioned phases, the cost in the Rhineland ranges between 2,800 and 3,500 EUR.

Regards, Bauexperte