Hello,
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?
S
Sebastian796 Nov 2015 09:28There are also architects who do not charge according to the absurd HOAI scale...
S
Sebastian796 Nov 2015 09:37Yes, terrible, isn’t it?
SirSydom schrieb:
You’re mistaken, Merlin. In this case, the HOAI probably refers to the contractual agreement.
If the client can excuse themselves due to ignorance of the facts, it might be accepted, but here it is well documented that the client is basically walking straight into a trap.
Conclusion: If the architect is otherwise suitable (be careful, you can also have major problems with architects, as happened to me. Think about why they offer such a low price, especially given the current construction market?! Below the minimum rate... I myself found only a few offering the middle rate.) go ahead.
The worst case is that the minimum rate is applied and you have to pay. Whether you forego the 20% discount now or maybe later — better perhaps later — but I would put that money aside. Well, whether I succeed will probably be decided by a judge in the end. I won’t look for solid evidence now; however, a quick Google search brought up the following.
In particular, I have never heard of a case where a claim was successfully enforced through a court ruling.
It’s almost impossible to prove that a client “walked straight into a trap.”
@ Aloadhio: Minimum fees for architects are currently being investigated for being incompatible with EU law.
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