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Aloadihoa5 Nov 2015 22:03Hello,
Some time ago, an architect gave me an initial estimate of 250,000€ for a new build and based on this amount, provided a quote for all service phases according to HOAI3, minimum rate 0%.
A year later, we met again and he said that the offer still stands and is a fixed price. If I commission service phases 1-5, I get a 10% discount, and if I commission phases 1-9, even 20%.
If I understand correctly, he is not allowed to do that. Any written agreement about a fixed-price fee would probably be invalid, right?
Some time ago, an architect gave me an initial estimate of 250,000€ for a new build and based on this amount, provided a quote for all service phases according to HOAI3, minimum rate 0%.
A year later, we met again and he said that the offer still stands and is a fixed price. If I commission service phases 1-5, I get a 10% discount, and if I commission phases 1-9, even 20%.
If I understand correctly, he is not allowed to do that. Any written agreement about a fixed-price fee would probably be invalid, right?
N
nordanney5 Nov 2015 22:37A flat fee may be agreed upon, provided it falls within the minimum and maximum rates.
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Aloadihoa5 Nov 2015 22:45Ok, then the fixed price is acceptable, but with the discounts applied, the minimum rate is undercut. Well, I would be foolish to insist on not receiving any discount.
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Aloadihoa5 Nov 2015 23:17Sorry, I don’t understand what you are trying to tell me.
You’re mistaken, Merlin. In this case, the HOAI probably refers to the contractual agreement.
If the client can excuse themselves with ignorance of the fact, it might pass, but here it’s clearly documented that the client is essentially walking straight into a trap.
Conclusion: If the architect is otherwise suitable (be careful, you can also have serious problems with architects—I’ve experienced this myself. Consider why they’re offering such a low price given the construction market?! Below the minimum rate… I myself found very few who only charged the mid rate.) proceed accordingly.
The worst case is that the minimum rate will be charged after all, and you will have to pay. Whether you decide to definitely forgo the 20% discount now or maybe later—better to delay that decision—but I would set that amount aside.
If the client can excuse themselves with ignorance of the fact, it might pass, but here it’s clearly documented that the client is essentially walking straight into a trap.
Conclusion: If the architect is otherwise suitable (be careful, you can also have serious problems with architects—I’ve experienced this myself. Consider why they’re offering such a low price given the construction market?! Below the minimum rate… I myself found very few who only charged the mid rate.) proceed accordingly.
The worst case is that the minimum rate will be charged after all, and you will have to pay. Whether you decide to definitely forgo the 20% discount now or maybe later—better to delay that decision—but I would set that amount aside.
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