Hello,
we are building a single-family house and are currently waiting for the screed to be laid. We initially hired an architect for service phases 1 to 4 and then for phases 5 to 8. We are using individual contracts for the different services. The architect’s contract states the following about the services to be provided by the contractor:
The situation is that the architect is only working on our project as a side job. After three months, I found out that he has a 30-hour employment at a large architectural firm and other commitments on the side. However, he assured me that “he has enough time for our project.” I do not share this impression and, as a first-time builder, I believe he is not doing his job properly. For example, I have taken over gathering and awarding the offers myself since the window installation, because otherwise we would still be looking for a builder today.
My main question is: is there a minimum scope of services that an architect is formally required to provide? The HOAI defines basic services for each service phase. Do these have to be fulfilled at least, or are they more of a recommendation for services that cannot be charged separately?
For example, construction supervision currently looks like the architect occasionally visits the site and takes photos with his phone. He says there will be no documentation unless something goes wrong. The construction schedule was created relatively late (after the windows were installed) and was updated with a significant delay when the plasterer had to be postponed by two weeks. However, the new schedule was sent to the heating installer only one week before his new start date, so he could not react on short notice — resulting in another two weeks delay. I do not receive an ongoing cost overview, although this was promised to me verbally. And so on.
What I want to know now is... is the architect formally fulfilling his duties if, in the end, I pay almost €10,000 (about $11,000) for service phase 8 just for him taking photos occasionally with his phone? Or do I have a right to more thorough documentation?
I have also cautiously inquired with the architects' chamber about how to assess this situation. However, they first asked for my name and the architect’s name (he is registered with the chamber). I want to remain anonymous for now because completing the house is my top priority. That is also why I tolerate many disrespectful behaviors. Unfortunately, I quickly realized that it won’t be possible without the architect.
we are building a single-family house and are currently waiting for the screed to be laid. We initially hired an architect for service phases 1 to 4 and then for phases 5 to 8. We are using individual contracts for the different services. The architect’s contract states the following about the services to be provided by the contractor:
2 Basic services of the contractor
2.1 Service phases according to § 35 HOAI:
5. Execution planning
6. Preparation of the award
7. Assistance with the award
8. Construction supervision, site monitoring, and documentation
2.2 Additionally commissioned services:
- Services for thermal building physics according to the Energy Saving Ordinance including KfW application and billing
- Preparation of a drainage application (cost-neutral)
The situation is that the architect is only working on our project as a side job. After three months, I found out that he has a 30-hour employment at a large architectural firm and other commitments on the side. However, he assured me that “he has enough time for our project.” I do not share this impression and, as a first-time builder, I believe he is not doing his job properly. For example, I have taken over gathering and awarding the offers myself since the window installation, because otherwise we would still be looking for a builder today.
My main question is: is there a minimum scope of services that an architect is formally required to provide? The HOAI defines basic services for each service phase. Do these have to be fulfilled at least, or are they more of a recommendation for services that cannot be charged separately?
For example, construction supervision currently looks like the architect occasionally visits the site and takes photos with his phone. He says there will be no documentation unless something goes wrong. The construction schedule was created relatively late (after the windows were installed) and was updated with a significant delay when the plasterer had to be postponed by two weeks. However, the new schedule was sent to the heating installer only one week before his new start date, so he could not react on short notice — resulting in another two weeks delay. I do not receive an ongoing cost overview, although this was promised to me verbally. And so on.
What I want to know now is... is the architect formally fulfilling his duties if, in the end, I pay almost €10,000 (about $11,000) for service phase 8 just for him taking photos occasionally with his phone? Or do I have a right to more thorough documentation?
I have also cautiously inquired with the architects' chamber about how to assess this situation. However, they first asked for my name and the architect’s name (he is registered with the chamber). I want to remain anonymous for now because completing the house is my top priority. That is also why I tolerate many disrespectful behaviors. Unfortunately, I quickly realized that it won’t be possible without the architect.
If you have not requested fulfillment of the contractual service in writing, I see little chance of ultimately refusing payment.
Has the architect provided the scope of services and tender documents for the contracts?
Whether the costs are being met should be checked by you in your own interest. Are the contracts awarded so far within the budget (cost framework of the architect’s cost estimate)?
Has the architect provided the scope of services and tender documents for the contracts?
Whether the costs are being met should be checked by you in your own interest. Are the contracts awarded so far within the budget (cost framework of the architect’s cost estimate)?
The architect has prepared the detailed construction drawings (work phase 5) and the bills of quantities (work phase 6) and sent them to me. I consider both work phases undisputed. Participation in the tendering process (work phase 7) was never really present; on the contrary, in the beginning, I still relied on it and ended up with a 12-week wait time for the windows.
For me, the most difficult to grasp is work phase 8. Is there a minimum standard that must be met for this? Are certain documentations mandatory? Before I formally notify a breach of contractual obligations, I want to first understand exactly what his responsibilities are.
No worries, I no longer rely on him and am monitoring the costs (past and pending) myself.
For me, the most difficult to grasp is work phase 8. Is there a minimum standard that must be met for this? Are certain documentations mandatory? Before I formally notify a breach of contractual obligations, I want to first understand exactly what his responsibilities are.
No worries, I no longer rely on him and am monitoring the costs (past and pending) myself.
Take a look at the HOAI to see exactly what the architect is responsible for.
Without claiming to be exhaustive:
Service phase 8 Construction supervision and documentation
• Monitoring and coordinating the execution
• Preparing and updating a schedule, keeping a construction log
• Acceptance of construction work, identifying defects and supervising their rectification
• Reviewing invoices and determining costs, cost control
• Organizing official inspections (building inspections / site inspections)
• Handover of the building
• Listing warranty periods
• Preparing, monitoring, and updating payment plans as well as detailed time, cost, or capacity plans
• Construction management beyond the basic service
Without claiming to be exhaustive:
Service phase 8 Construction supervision and documentation
• Monitoring and coordinating the execution
• Preparing and updating a schedule, keeping a construction log
• Acceptance of construction work, identifying defects and supervising their rectification
• Reviewing invoices and determining costs, cost control
• Organizing official inspections (building inspections / site inspections)
• Handover of the building
• Listing warranty periods
• Preparing, monitoring, and updating payment plans as well as detailed time, cost, or capacity plans
• Construction management beyond the basic service
Okay. I am aware that there are standard services for each work phase according to the HOAI. Until now, I was just not sure whether exactly those are also contractually owed. For performance phase 8, that would be 16 standard services, many of which have not been fulfilled so far.
How do you think I should request the architect? Maybe something like:
“Dear xxx,
For my overview, I am still missing the following documents:
Please send me the documents by xxx.”
And there would be quite a few more.
gutentag schrieb:
If you have not requested fulfillment of the contractual services in writing, I see little chance of refusing payment in the end.
How do you think I should request the architect? Maybe something like:
“Dear xxx,
For my overview, I am still missing the following documents:
- Current construction schedule
- Documentation of the construction progress so far
- Invoice review for the trades interior plaster, drywall, …
- Acceptance protocols for the trades windows, interior plaster, shell construction, …
- Cost determination
- Systematic compilation of the documentation, drawings, and calculation results of the project
Please send me the documents by xxx.”
And there would be quite a few more.
Similar topics