ᐅ Architect expensive / legal dispute over excessive billing / signature
Created on: 18 Aug 2016 10:31
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CedineWe feel completely taken advantage of by our architect. From the very beginning, he was never able to give us even an approximate price. He said it was just a "small matter" that he could handle alongside other tasks.
The project is a one-story extension, totaling 40 meters (131 feet), built on a concrete slab foundation, without a basement, and with a roof. The ground floor is similar to a conservatory with two sliding doors.
We repeatedly asked about the price, but he always said that the new energy regulations make it impossible to provide an approximate cost. First, the room size needs to be calculated, then the right materials selected, and… well, that is a longer calculation. He asked us to sign twice before he could start working for us. But we never received any sketches or a rough price estimate.
After seven weeks, we finally received the drawings. Two window sizes had to be changed, otherwise everything was fine. Still no price. He said he needed to prepare the final cost estimate first. Then he came back with the new drawings and a cost breakdown of 172,000 euros (about 185,000 US dollars), listing five items as self-performed work. A week later, he sent his invoice for 6,500 euros (about 7,000 US dollars), supposedly including the structural engineering. But that was not attached. According to the document, he needed to check again at the office, but apparently never found it. Is the structural engineering really just a single sheet?
We were asked to sign a termination agreement to protect both parties and avoid any further obligations.
Only then did we start asking around. Another architect said the invoice was way too high and that the structural engineering should be a full set of documents, not just one sheet. He charges 3,000 euros (about 3,300 US dollars) for the same plans.
We reported this to our legal expenses insurance. They immediately told us to consult a lawyer.
After several weeks of correspondence between our two lawyers, our lawyer concluded that we were cheated, but unfortunately, we signed everything without reading it. Reviewing the building plans costs 1,500 euros (about 1,600 US dollars), which no one wants to pay.
If we go to court, the legal fees could be 11,000 euros (about 12,000 US dollars) if we lose. There are three witnesses against one.
Does it make sense to pursue this further?
The project is a one-story extension, totaling 40 meters (131 feet), built on a concrete slab foundation, without a basement, and with a roof. The ground floor is similar to a conservatory with two sliding doors.
We repeatedly asked about the price, but he always said that the new energy regulations make it impossible to provide an approximate cost. First, the room size needs to be calculated, then the right materials selected, and… well, that is a longer calculation. He asked us to sign twice before he could start working for us. But we never received any sketches or a rough price estimate.
After seven weeks, we finally received the drawings. Two window sizes had to be changed, otherwise everything was fine. Still no price. He said he needed to prepare the final cost estimate first. Then he came back with the new drawings and a cost breakdown of 172,000 euros (about 185,000 US dollars), listing five items as self-performed work. A week later, he sent his invoice for 6,500 euros (about 7,000 US dollars), supposedly including the structural engineering. But that was not attached. According to the document, he needed to check again at the office, but apparently never found it. Is the structural engineering really just a single sheet?
We were asked to sign a termination agreement to protect both parties and avoid any further obligations.
Only then did we start asking around. Another architect said the invoice was way too high and that the structural engineering should be a full set of documents, not just one sheet. He charges 3,000 euros (about 3,300 US dollars) for the same plans.
We reported this to our legal expenses insurance. They immediately told us to consult a lawyer.
After several weeks of correspondence between our two lawyers, our lawyer concluded that we were cheated, but unfortunately, we signed everything without reading it. Reviewing the building plans costs 1,500 euros (about 1,600 US dollars), which no one wants to pay.
If we go to court, the legal fees could be 11,000 euros (about 12,000 US dollars) if we lose. There are three witnesses against one.
Does it make sense to pursue this further?
H
HilfeHilfe18 Aug 2016 10:42I would consider it a learning experience. You should never sign anything blank.
Cedine schrieb:
If we go to court, we will face 11,000 euros in court costs if we lose. There are 3 witnesses against one.
Does it make sense to pursue this?Does the legal expenses insurance cover the 11,000 euros?If not – never ever go to court. It will end in a settlement and you will both come out of it at a loss.
Since when can an architect take advantage of someone? Was there an offer, perhaps a fixed price? Was a contract awarded?
If not, is the invoice at least clearly itemized according to the HOAI (Official Scale of Fees for Services by Architects and Engineers)? If you’re not familiar with it, surely someone can review the invoice.
I would only trust a lawyer about 50% at first; the rest is economic self-interest.
At what point did you stop? Was there a building permit / planning permission? Maybe structural engineering was involved?
Everything seems quite confusing and somewhat naive—probably just a lesson learned the hard way.
At the latest, if I had to chase my architect around or hear flimsy excuses, that would be the end of it. By the way, in this profession, payment is only made once the service has been delivered.
If not, is the invoice at least clearly itemized according to the HOAI (Official Scale of Fees for Services by Architects and Engineers)? If you’re not familiar with it, surely someone can review the invoice.
I would only trust a lawyer about 50% at first; the rest is economic self-interest.
At what point did you stop? Was there a building permit / planning permission? Maybe structural engineering was involved?
Everything seems quite confusing and somewhat naive—probably just a lesson learned the hard way.
At the latest, if I had to chase my architect around or hear flimsy excuses, that would be the end of it. By the way, in this profession, payment is only made once the service has been delivered.
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