ᐅ Architect, contract under HOAI 2013 – refusal to perform services
Created on: 15 May 2019 10:00
S
stephan.l
Hello! I am new to this forum and could use some help. I have a contract with an architect based on HOAI 2013 covering phases 1 to 8. His fee is VERY high at 18.5% of the total costs. He is also the construction manager. The architect was already 72 years old when hired and recommended himself based on a successful project for a neighbor.
The architect has already invoiced 75% of the total fee as progress payments, but so far not even the basement of the house (basement, ground floor, sleeping floor) is finished (the contractor’s share of costs so far is 24% of the total construction costs). Other trades have barely been (documentedly) worked on, the schedule is missing, and the detailed execution plans for the upper floors are incomplete. On-site, he shows up at most once a month for one hour, which has led to misunderstandings in the construction process due to lack of supervision.
Now the architect has issued another invoice, which would bring the total paid to 86% of the entire fee. I explained the situation to him and referred to a progress payment appropriate to the construction progress, asking him to please submit the invoice at a later date.
In response, the architect started quarrelling intensely with the contractor and stated that he cannot continue working due to the contractor’s insufficient quality and that he would not continue until his fully justified claim is paid. Construction is at a standstill because the plans for the ground floor are missing.
My question is: can the architect demand arbitrarily high progress payments under HOAI without corresponding progress and service delivery?
Thank you very much if anyone has experience with this.
The architect has already invoiced 75% of the total fee as progress payments, but so far not even the basement of the house (basement, ground floor, sleeping floor) is finished (the contractor’s share of costs so far is 24% of the total construction costs). Other trades have barely been (documentedly) worked on, the schedule is missing, and the detailed execution plans for the upper floors are incomplete. On-site, he shows up at most once a month for one hour, which has led to misunderstandings in the construction process due to lack of supervision.
Now the architect has issued another invoice, which would bring the total paid to 86% of the entire fee. I explained the situation to him and referred to a progress payment appropriate to the construction progress, asking him to please submit the invoice at a later date.
In response, the architect started quarrelling intensely with the contractor and stated that he cannot continue working due to the contractor’s insufficient quality and that he would not continue until his fully justified claim is paid. Construction is at a standstill because the plans for the ground floor are missing.
My question is: can the architect demand arbitrarily high progress payments under HOAI without corresponding progress and service delivery?
Thank you very much if anyone has experience with this.
K
Komposthaufen7 Dec 2019 15:56Phew. What has happened here since then?
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stephan.l12 Jul 2020 19:08Of course, I still owe you an update. A lot has happened since the last update more than a year ago. The developments can be divided into two storylines:
1. The old architect
2. The new construction consultant
1. The old architect – was sued with the help of a refreshingly pragmatic and young lawyer. He lost and has to pay me back €38,000 (about $40,000). The architect thought he didn’t need a lawyer, but the judge saw it differently. Now the architect believes he doesn’t have to pay. The bailiff had him provide a statement of assets and earnings two days ago. I don’t honestly expect him to pay or admit he made mistakes in the end, but it felt good that he was convicted.
2. The new construction consultant – again recommended by (other) acquaintances! About the same age as the architect, but otherwise a real jackpot. He is also my site manager, and we have become friends in the meantime. A building planner cleaned up the plans for only €7,000 (about $7,400), and prepared a CAD drawing as well as a structural recalculation. Almost everything in the house is finished now; the screed will be poured in a week.
Conclusion: I have learned a lot about building since then. You don’t need an architect if you bring a construction consultant or a building planner together to create a sketch. The building planner then has it drawn up on the computer. The official fee scale for architects (HOAI) is completely unnecessary for a private home; in the future, I will immediately say “Goodbye!” to any architect who mentions HOAI to me. You recognize a good building planner (in my opinion) by the fact that he knows all the contractors for every trade in the area, knows which ones are good, and respects the usual local prices for construction work. (Example: price for high-quality tiles including installation in Berlin: €160/sqm (about $160/sqft), price in Brandenburg: €70–80/sqm (about $70–80/sqft).) He also knows how the trades coordinate with each other and brings the people together to coordinate.
I have also learned a lot myself. I selected and designed the bathroom tiles in detail, put together the kitchen myself, worked out the electrical plan, etc. It was fun but very time-consuming. Photos will be available after completion (September? 2020?).
1. The old architect
2. The new construction consultant
1. The old architect – was sued with the help of a refreshingly pragmatic and young lawyer. He lost and has to pay me back €38,000 (about $40,000). The architect thought he didn’t need a lawyer, but the judge saw it differently. Now the architect believes he doesn’t have to pay. The bailiff had him provide a statement of assets and earnings two days ago. I don’t honestly expect him to pay or admit he made mistakes in the end, but it felt good that he was convicted.
2. The new construction consultant – again recommended by (other) acquaintances! About the same age as the architect, but otherwise a real jackpot. He is also my site manager, and we have become friends in the meantime. A building planner cleaned up the plans for only €7,000 (about $7,400), and prepared a CAD drawing as well as a structural recalculation. Almost everything in the house is finished now; the screed will be poured in a week.
Conclusion: I have learned a lot about building since then. You don’t need an architect if you bring a construction consultant or a building planner together to create a sketch. The building planner then has it drawn up on the computer. The official fee scale for architects (HOAI) is completely unnecessary for a private home; in the future, I will immediately say “Goodbye!” to any architect who mentions HOAI to me. You recognize a good building planner (in my opinion) by the fact that he knows all the contractors for every trade in the area, knows which ones are good, and respects the usual local prices for construction work. (Example: price for high-quality tiles including installation in Berlin: €160/sqm (about $160/sqft), price in Brandenburg: €70–80/sqm (about $70–80/sqft).) He also knows how the trades coordinate with each other and brings the people together to coordinate.
I have also learned a lot myself. I selected and designed the bathroom tiles in detail, put together the kitchen myself, worked out the electrical plan, etc. It was fun but very time-consuming. Photos will be available after completion (September? 2020?).
S
stephan.l3 Jan 2022 16:30The house is finished, except for a few minor KNX-related details. The glass facade can be completely darkened with blinds, which is only necessary during midsummer. The house is small, with a width of 7 m (23 feet) and a depth of 6 m (20 feet).
Fun fact: the architect was subjected to a lien, which turned out to be worthless. Nothing to recover. Winning doesn’t always mean gaining! But thankfully, progress continued even without him!
So, I go to the architect and say that I would prefer to hire them as a building designer rather than as an architect, and they do the same work? Or can a pure building designer and a “real” architect both legally perform the same tasks in practice, with the latter typically being more expensive?
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