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.