ᐅ The architect has become emotional and does not want to continue. How should I proceed now?

Hello,

I hired an architect in the Stuttgart metropolitan area to design a single-family house and submit the building permit / planning permission application (service phases 1-4). The architect immediately received an advance payment of 15,000 euros without doing anything.

Service phases 1-2 were basically skipped; at least, I did not receive a project schedule, summaries, cost estimates, or a timetable. She basically spent all her time working only on the design.

The first design was unusable! Our budget is 750,000 euros, which was communicated both verbally and in writing. According to three construction companies, realizing the design would have required 1.25 million euros.

So a new design was created, but it contained so many practical mistakes (corridor too narrow, wardrobe not deep enough, kitchen wall too narrow for a sliding door, ceiling heights too low, bathrooms too small), and many more. An unbelievable number of errors, which you wouldn’t normally expect from an architect (at least I didn’t). The design is now in its 10th iteration because we repeatedly had to point out illogical corners, incorrectly placed windows, etc. Many of the changes were contributed by construction companies and included in the design because it was otherwise not suitable.

It was agreed with the architect that the remaining amount of about 15,000 euros would be paid before submitting the building permit / planning permission application. However, this is too risky for us because the architect’s work is very poor technically, and we fear the application will not be approved as is. The architect charged fee zone IV for a simple single-family house and noted this in the invoice. Is that correct?

Our proposal is to pay the 15,000 euros only after approval. The architect has now completely lost it, refuses to submit the application, and demands 12,000 euros for the design.

I actually did the design myself, and she just used the software. I was not advised. She simply implemented things without pointing out poor practicality. As a layperson, I am not familiar with this and expect advice; that is part of the architect’s job, isn’t it?

What should I do now? I am emotionally exhausted...

Oh dear – that reminds me quite a lot of the start of our house construction...

Clarification question:

1. Is she charging 12,000 for the design, meaning she will refund you 3,000 from the deposit? Or is it 12,000 plus the 15,000 she already received?
2. Is the design in its current form usable?

GD

Ohropax schrieb:
The architect assumed fee zone IV for a simple single-family house and noted it that way on the invoice. Is that acceptable?

Simple single-family house = III // if it’s somewhat more complex, then IV ==> I can’t assess this for you without plans

Ohropax schrieb:
Our proposal is to pay the 15,000 euros only after approval.

The architect is responsible for providing a plan that can be approved. So your proposal is actually the usual approach. I find it quite bold of the architect to expect payment upfront.

Is the plan final and complete?

Ohropax schrieb:
Our budget is 750,000 euros, communicated both verbally and in writing. To realize the design, we would have needed 1.25 million euros. According to three! construction companies. [...] Many aspects were contributed by construction companies and incorporated into the design because it was otherwise unsuitable. It was agreed with the architect to pay the remaining amount of about 15,000 euros before submitting the building permit / planning permission application. However, this is too risky for us because the architect’s workmanship was very poor, and we fear that the application will not be approved as it stands.

My greater concern would be that it might actually be approved. I am not aware of any specialist lawyers in architectural contract law here in the forum, and they would probably not comment in this way. I am also not certain whether the fulfillment of the requirement of permitability would be effectively nullified solely by the forecast of a budget overrun of two-thirds—which is presumably “definitely” more than fifty percent. If I understand correctly, the fee is supposed to be 30,000 euros, half of which has been paid upfront. From the description, I gather that you hired a "@Gerddieter warnt Architektin" (service phases 1 to 4, “iterative” approach) and, as another serious (and sufficiently warned) mistake here, you were essentially fed a draft proposal.

How far architectural chambers and courts share my view that the “iterative” approach is generally not professionally sound, I do not know. A judge (given the value in dispute, presumably at the regional court level, where legal representation is mandatory) will likely feel overwhelmed to take your side and might suggest arbitration or a settlement hearing.

I am not a lawyer and am not willing, for the sake of forming a basis for advice, to review your design, ten iterations by the architect, and three rescue proposals from construction companies. So how do you imagine enabling the community to substantively “assess” what objective nonsense the architect has produced? — with these assessments, you would also have to consult a lawyer to explore the legal enforceability of poor performance.

Regarding the significant question of my predecessor

Gerddieter schrieb:
1. Does she want 12,000 for the design, meaning she will refund you 3,000 from the deposit? Or 12,000 plus the 15,000 she already has?

I can only agree with this. 27,000 for nothing would be too harsh a penalty for your mistake, while 12,000 for a 250 sqm (2,690 sq ft) house seems a more reasonable learning cost.

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Gerddieter schrieb:
Oh dear – this really reminds me a lot of the start of our house build....

Clarification question:

Does she want $12,000 for the design, meaning she will refund you $3,000 from the deposit? Or is it $12,000 plus the $15,000 she already has?
Is the design as it stands now usable?

GD

Exactly, the architect is now "upset" and wants €15,000 (which she already has) plus €12,000. She seems to have accounted for the building permit / planning permission submission at €3,000 (taken out).
I’m surprised that an architect can simply decide not to complete phase 4 of the services because they are offended.

I am willing to pay the full fee, but not before approval of the permit.

The design is finally usable and acceptable now, but only thanks to my input.

nordanney schrieb:
nordanney

Simple single-family house = III // if it gets a bit more complex, then IV ==> I can’t assess this without plans from your side

The architect owes a permit-ready design. So, your proposal is actually the usual approach. I find it quite presumptuous that the architect expects payment upfront.

Is the plan already finalized?

Thank you. Yes, the plan is now finished, but the architect doesn’t want to submit it because she wants full payment first.
Given the history of errors, I want to have some security. The architect also refused a partial payment upfront.