ᐅ Architect misses renovation deadlines and forgets agreements. What to do?

Hello everyone,

I’m new to the forum. A brief introduction: about a year ago, my wife and I purchased a townhouse in need of renovation in Munich. For the renovation, we had proposals and preliminary plans made by various architects and chose what seemed to be the most convincing offer at the time. We added a two-month buffer to the estimated timeline, planned to move into the house by the end of April, and accordingly sold our apartment.

However, over the past year it has become clear that our architect works very informally and, for example, often forgets many (agreed) tasks and apparently does not visit the construction site very frequently. This has also been partially confirmed by the tradespeople involved. The April move-in date has long been missed, and there is no end in sight. The last verbal update from the architect was that we could move in within four weeks. But the current status is that the heat pump is only expected to arrive next week. Our extension is unfinished. The screed (floor leveling) is still missing, as are the floor finishes.

I am now wondering how to most effectively put pressure on the architect. I am (still) hesitant to take legal action. Here are a few of the major issues that have gone wrong:

1) Heat Pump Planning: At the end of 2020, we repeatedly emphasized that we wanted to decide on the heat pump as soon as possible so that the BAFA grant application could be submitted. Contrary to our wishes, a meeting with the heating engineer did not take place until February 2021. Since the BAFA funding rules changed in 2021, there was confusion in ordering the heat pump, resulting in the pump only arriving next week.

2) Electrical Connection for Heat Pump: The existing house electrical supply needs to be upgraded, which apparently requires an application to the utility company. Despite repeated inquiries to the architect about whether everything necessary had been arranged, I never received a clear answer. When I became suspicious, I contacted the electrician directly today—shortly after, I received an email from the architect attaching the application to the utility company, filled out over a month ago, asking for signature and submission. The architect had assumed that I had already received this application from the electrician for signing.

3) Decentralized Ventilation Planning: In February, we decided on a decentralized ventilation system and clearly communicated this. We only received the contract from the window manufacturer to sign afterward; it includes trickle vents (window frame vents), which must not be present with a decentralized ventilation system. Additionally, the current cost estimate lists the decentralized ventilation as "optional." This was clearly against our wishes and can now only be reversed with considerable effort (sealing the trickle vents, retrofitting electrical connections for the decentralized ventilation).

4) Overall Planning: We have never received a detailed schedule, despite my persistent requests over several months. We are currently staying with a small child in temporary accommodation and keep extending our stay every few weeks. Each time, the architect says that the available time will definitely be sufficient. Currently, we have four weeks left, which surely will not be enough (see above). We have not received a schedule for the upcoming weeks, and our current request to at least organize advance purchasing of tiles and parquet flooring has also been ignored.

5) Price Increases: Many tasks are being carried out by a renovator who has worked with the architect for many years. While the cost estimates for all other trades have been roughly maintained (except for unforeseen issues), the "drywall work" item (before tax) has increased from €15,000 to over €47,000 between the February and May estimates. After tax, this represents a price increase of more than 9% of the original total cost.

I would be very grateful for any advice on how to proceed.

Best regards,
Stampfbeton

Phew... we are also building in Munich, and your description sounds like our architect, who was responsible for phases 1-4, also handled everything else. I can easily imagine how this plays out and really sympathize with you. Unfortunately, I can only share our experience with our architect: my partner and I already had a very clear idea of how our house should look. We designed the floor plan ourselves and mainly just discussed how to use the rooms (for example, whether the room on the north side should be the bathroom or the dressing room). Since this was our first time building and we thought we definitely needed an architect—and most prefab home companies only offer their standard designs and don’t want to do more flexible planning—we found our architect through a recommendation from our real estate agent. Then came the shock: it took him a full 4.5 months to complete the detailed plans, even though our house looks exactly like what we had already designed in a free architectural software program. The dormer is only slightly different, and the wall thicknesses were statically calculated correctly—that’s it. He even managed, after more than 30 years of professional experience, to submit an incomplete building permit application, which resulted in a very harsh letter from the building authority. Quite a performance, and we were relieved he didn’t want to take on the construction management and tendering from the start.

If your architect is similar, I’m afraid there’s little hope that his working style will change much. Friendly but persistent inquiries didn’t help us at all, my partner tried a more assertive approach, but the man wasn’t fazed by anything and simply took two weeks to relocate a wall by 30cm (12 inches).

Does your contract with him include any deadlines for completion? Is he aware of your difficult situation with a child in the pension, but just doesn’t seem to care? I would definitely advise you to schedule a consultation with a lawyer, even if it initially costs 200–300 euros, because that could be money well spent and then you’ll know your rights and what options you have.

I’m keeping my fingers crossed that, in the end, your house turns out exactly the way you want it—and that all this stress will finally subside.

First of all: It’s really frustrating when planning and scheduling don’t go as expected.

Stampfbeton schrieb:

The architect's last verbal statement was that we could move in within four weeks.

What exactly have you agreed on in writing?

Stampfbeton schrieb:

Planning the heat pump: At the end of 2020, we repeatedly and clearly emphasized that we want to decide on the heat pump to be installed as soon as possible,

Benutzer201 schrieb:

Despite repeated inquiries to the architect about whether everything necessary had been done, I never received a concrete answer. When this seemed suspicious to me, I asked the electrician directly today.

Benutzer201 schrieb:

We never received a detailed schedule,

Benutzer201 schrieb:

even though I have been pushing for months now.

Written communication always helps. Setting deadlines? Your approach sounds quite naive, not consistent. You have to hold yourselves accountable for that.

Benutzer201 schrieb:

As a result, the pump is now only supposed to arrive next week.

Benutzer201 schrieb:

The existing house connection needs to be upgraded,

What is the heat pump’s power load that the house connection is insufficient? In normal operation, a heat pump consumes less electricity than a hairdryer. Only an electric heater (which usually does not turn on) causes a slightly increased load.

Benutzer201 schrieb:

But the current status is that the heat pump is not expected to arrive until next week. Our extension is not finished. The screed is still missing, of course.

Why do you say “of course” regarding the missing screed? What does that have to do with the heat pump? Besides, a) you can dry the screed with the underfloor heating even without the heat pump, and b) there are additives that allow screed to be ready for floor covering after just five (in words: five) days. This works very well and saves both time and money.

Benutzer201 schrieb:

Our current request, at least to organize purchasing tiles and parquet in advance given the current situation, is also not being fulfilled.

Uh, naivety? Who is stopping you from buying tiles and parquet yourselves?

Benutzer201 schrieb:

After taxes, this means a price increase of more than 9% over the original total for this item.

You have to accept that. This can always happen and is your responsibility. The cause right now is skyrocketing prices.

Benutzer201 schrieb:

While the cost estimates for all other trades are more or less being met (exception: unforeseen issues),

So basically, the overall planning is reasonable.

Benutzer201 schrieb:

I am now wondering how we can most effectively put pressure on the architect. I am still hesitant to go to a lawyer.

Again, naivety. Pressure = written deadlines. If deadlines are missed = lawyer. Short and simple.

Overall, it reads as if you wanted a babysitter for the renovation. Without personal commitment and assertiveness, this won’t work. The architect can walk all over you in complete calm, and you allow it. Now you need to have some backbone.

JuliaMünchen schrieb:

Does your contract with him include anything about completion deadlines? He’s aware of your difficult situation with the child in the guesthouse but doesn’t seem to care? I would definitely advise you to schedule a consultation with a lawyer, even if it costs 200–300 euros (about 220–330 USD) initially. That could be money well spent, so you know what your rights are and what options you have.
I’m keeping my fingers crossed that your house will at least turn out exactly as you want in the end, and that all this stress finally eases off.

Thanks for the overall reply and this advice. Even if it doesn’t really help us or you further, it feels good to read that we’re not the only ones having such problems.

Before posting our message, we already set a deadline with the architect for a complete and detailed schedule (next Monday). Depending on what comes out of that, we will probably go to a lawyer after all.

Unfortunately, we don’t have a completion deadline in the contract. Since the initial time estimate included so much extra time, that didn’t seem necessary. Naive, I know (see below), but it doesn’t help us now 🙁

nordanney schrieb:

What kind of load does the heat pump have that the electrical connection isn’t sufficient? The heat pump uses less electricity during normal operation than a hairdryer. Only a heating element (which usually doesn’t come on) causes a slightly higher load.

That’s a good point. The heat pump is a Stiebel Eltron WPK 17 ICS classic (installed indoors). According to the data sheet, it draws 5.4 kW. The electrician entered a required total capacity of 9.8 kW in the application (which means 4.4 kW for all other consumers) and a “simultaneously required connection capacity” of 22 kW (I’m not sure which power levels are available or usual in Munich).

nordanney schrieb:

Besides that, a) you can also dry the screed without the heat pump via the underfloor heating, and b) there are additives that make the screed ready for covering after just 5 (in words: five!) days. This works very well and not only saves time but also real money.

Good advice, thank you.

nordanney schrieb:

Overall, it reads as if you wanted a babysitter for the renovation. Without personal commitment and assertiveness, this won’t work. The architect can walk all over you at his leisure and you let it happen. Time to have some cojones now.

We certainly don’t want a babysitter. We probably approached the whole thing way too trustingly (you might also call it naive) and now we’re facing the consequences. We’ll see if the deadline we set for the architect to provide a schedule (see above) helps.

It's really crazy what’s going on with architects these days. We started in 2020—unfortunately too trusting—and our architect basically did nothing. He just took a standard design from the drawer, moved some walls around twice, which took him six months, and the result didn't reflect our wishes at all.
After that, he thought he had done enough and demanded full payment...

Now, my advice to you: come to an agreement with the architect—once lawyers get involved, it gets expensive.

Sube schrieb:

We have never received a detailed schedule, even though I have been pushing for months.

I rather think: You haven’t received a schedule because there simply isn’t one. The architect – what is he even doing professionally? – will probably just say next week that a schedule isn’t necessary anymore, since everything will surely be finished very soon.

A construction timeline is not a tool for transparency toward the client but an essential basis for coordinating all parties involved. It must be completed before the first drill hammer is used; it is the central control instrument.

From my point of view, you first need an architect and secondly a specialist lawyer in construction and architectural law to cancel the contract with the negligent party and sue for damages. Price increases during construction happen from time to time and are not unusual. But the fact that you are now burdened with cost increases that your project wouldn’t have faced if it had been completed earlier is the fault of the negligent party. They should be held liable, including compensation for every week of delay they are solely responsible for. Afterwards, this person should be expelled from the professional chamber to prevent further damage. With some architects, one has the impression that, due to early retirement and missed personal arrangements, they carelessly accept projects they can no longer complete. In such cases, consulting a criminal lawyer to examine the possibility of fraudulent misrepresentation is worthwhile. Following that, you return to the construction law specialist, as the professional liability insurance of the negligent party will likely raise objections.

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