Hello everyone,
We currently have the problem that our architect, despite earlier announcements regarding owner contributions throughout the entire planning process, suddenly does not want to take on service phase 8 due to the large amount of owner contributions we are planning. The question is: Do I need an architect for construction supervision during the building phase, or can I generally manage this myself? My father is a retired civil engineer and is on site daily anyway. However, I am concerned about the legal aspects and liability issues regarding the bank, building authority, etc.
Background: The architects have clearly taken on too much with this project. Service phases 5/6/7 have not been properly completed. Construction was supposed to start 1.5 months ago, but we still have not seen any contract with a construction company. We want to part ways with the architect as the project is clearly slipping out of our hands. We would like to avoid continuing cooperation out of necessity.
We currently have the problem that our architect, despite earlier announcements regarding owner contributions throughout the entire planning process, suddenly does not want to take on service phase 8 due to the large amount of owner contributions we are planning. The question is: Do I need an architect for construction supervision during the building phase, or can I generally manage this myself? My father is a retired civil engineer and is on site daily anyway. However, I am concerned about the legal aspects and liability issues regarding the bank, building authority, etc.
Background: The architects have clearly taken on too much with this project. Service phases 5/6/7 have not been properly completed. Construction was supposed to start 1.5 months ago, but we still have not seen any contract with a construction company. We want to part ways with the architect as the project is clearly slipping out of our hands. We would like to avoid continuing cooperation out of necessity.
B
Bauexperte17 Mar 2015 12:42Hello,
First of all, I assume that appointing a construction manager is in your interest.
According to the state building code, as the client, you are required to appoint a construction manager who must also be named on the site sign. The duties of the construction manager are also defined by the state building code, as are the requirements regarding the qualifications of the construction manager. The purpose of these regulations is to ensure that building regulations are followed and that the construction process is professionally managed.
**
The legal definition of a construction manager according to the state building code:
“(1) The construction manager must ensure that the construction work complies with public law regulations and the designs of the draft designer. Within this role, they must ensure the safe technical operation of the construction site, especially the safe coordination of the work of the contractors; the contractors remain responsible for their own work. Any violations that are not corrected must be reported immediately to the building authority.
(2) If the construction manager does not have the necessary expertise and experience for all assigned tasks, they must instruct the client to appoint suitable specialist construction managers. These specialists then take over the responsibilities in those areas. The construction manager remains responsible for the proper coordination of their activities with those of the specialist construction managers.”
**
Now, "construction manager" is not a formally trained profession in the strict sense, but rather a qualification that usually develops from one’s practical trade background; it is more a professional role or position. Most employed construction managers in Germany have a background as masons or carpenters; naturally, many architects also take on construction management within their broader commission.
Your father, as a retired construction engineer, in my opinion meets all the prerequisites to take on this role. If he also feels confident in fulfilling all the duties of a construction manager, I don’t see a reason why there would be any objections to him acting as construction manager or why this should cause problems with your bank or the authorities. If I’m mistaken, I welcome corrections from lawyers or bankers here.
The other question, of course, is whether your father wants to take on this kind of stress; it is not uncommon for family involvement to lead to tensions.
Best regards, Bauexperte
First of all, I assume that appointing a construction manager is in your interest.
According to the state building code, as the client, you are required to appoint a construction manager who must also be named on the site sign. The duties of the construction manager are also defined by the state building code, as are the requirements regarding the qualifications of the construction manager. The purpose of these regulations is to ensure that building regulations are followed and that the construction process is professionally managed.
**
The legal definition of a construction manager according to the state building code:
“(1) The construction manager must ensure that the construction work complies with public law regulations and the designs of the draft designer. Within this role, they must ensure the safe technical operation of the construction site, especially the safe coordination of the work of the contractors; the contractors remain responsible for their own work. Any violations that are not corrected must be reported immediately to the building authority.
(2) If the construction manager does not have the necessary expertise and experience for all assigned tasks, they must instruct the client to appoint suitable specialist construction managers. These specialists then take over the responsibilities in those areas. The construction manager remains responsible for the proper coordination of their activities with those of the specialist construction managers.”
**
Now, "construction manager" is not a formally trained profession in the strict sense, but rather a qualification that usually develops from one’s practical trade background; it is more a professional role or position. Most employed construction managers in Germany have a background as masons or carpenters; naturally, many architects also take on construction management within their broader commission.
Your father, as a retired construction engineer, in my opinion meets all the prerequisites to take on this role. If he also feels confident in fulfilling all the duties of a construction manager, I don’t see a reason why there would be any objections to him acting as construction manager or why this should cause problems with your bank or the authorities. If I’m mistaken, I welcome corrections from lawyers or bankers here.
The other question, of course, is whether your father wants to take on this kind of stress; it is not uncommon for family involvement to lead to tensions.
Best regards, Bauexperte
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