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.
ArthasLK schrieb:
The architect created execution plans (service phase 5) and bills of quantities (service phase 6) and sent them to me. Well, at least that much – so far, I had the impression that instead of completing service phases 5 through 8, he only delivered service phases 5 and 8.
ArthasLK schrieb:
The construction schedule was created relatively late (after the installation of windows) You should have at least declared acceptance under reservation; actually, a formal request for performance would have been due much earlier.
ArthasLK schrieb:
I do not receive an ongoing cost overview, The cost funnel is already obsolete by service phase 8.
ArthasLK schrieb:
I’m wondering now … is the architect formally fulfilling his duties if I end up paying nearly €10,000 just for service phase 8, only because he occasionally took photos with his phone? Or am I entitled to more comprehensive documentation? You are only entitled to a construction log. Photos are not included, as the habits of homeowner bloggers have evolved far beyond the formal obligations of architects. Your expectations align more with service phase 9, which, in my opinion, is not appropriate for a single-family home.
ArthasLK schrieb:
After 3 months, I learned that he has a 30-hour position at a large architecture firm and also has other commitments on the side. That, however, could be subject to professional reprimand if he did not inform you about his secondary self-employment before signing the contract. From my perspective, it is reasonable—based on good faith—to expect as a non-professional client that the architect is primarily self-employed as a freelancer unless otherwise stated; under these circumstances, I would not even consider it unreasonable to expect that he works exclusively as such. In this respect, I thank you for the suggestion to include this in my tips for architect contracts.
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