ᐅ Detailed Design Phase – Is it appropriate to set a deadline for architects after the fact?
Created on: 25 Jun 2019 16:35
V
VillaKubuV
VillaKubu25 Jun 2019 16:35Hello,
we have a problem with our architects during our renovation; the commissioning of the next construction phase, the "detailed design," took place around mid-March. Until that point, we had no issues with the company regarding the schedule, so unfortunately, no deadline was set in the contract for when the services had to be delivered. Now the process is dragging on—actually, none of the sub-items (electrical planning, lighting, bathrooms, drywall, tiles, etc.) have been fully completed. For some aspects, despite several follow-up emails, we haven’t even received an initial concept.
For example, the company has repeatedly provided dates by email regarding the lighting plan, on which they supposedly intended to deliver something, but none of these deadlines were met. Until now, we have trusted them and kept putting them off. That is why no official deadline has been set yet.
However, these dates given by the architects themselves are probably not legally binding, right? We would now like to set a legally binding deadline after which we could reduce the invoice amount.
Questions:
What wording can we use to set a binding deadline by which the service must be delivered?
What would be a legally reasonable deadline? (The architects themselves announced in an email on May 21 that they would “finalize the plan within the next 1-2 days.”)
I would be very grateful for any help! Regards
we have a problem with our architects during our renovation; the commissioning of the next construction phase, the "detailed design," took place around mid-March. Until that point, we had no issues with the company regarding the schedule, so unfortunately, no deadline was set in the contract for when the services had to be delivered. Now the process is dragging on—actually, none of the sub-items (electrical planning, lighting, bathrooms, drywall, tiles, etc.) have been fully completed. For some aspects, despite several follow-up emails, we haven’t even received an initial concept.
For example, the company has repeatedly provided dates by email regarding the lighting plan, on which they supposedly intended to deliver something, but none of these deadlines were met. Until now, we have trusted them and kept putting them off. That is why no official deadline has been set yet.
However, these dates given by the architects themselves are probably not legally binding, right? We would now like to set a legally binding deadline after which we could reduce the invoice amount.
Questions:
What wording can we use to set a binding deadline by which the service must be delivered?
What would be a legally reasonable deadline? (The architects themselves announced in an email on May 21 that they would “finalize the plan within the next 1-2 days.”)
I would be very grateful for any help! Regards
H
HilfeHilfe25 Jun 2019 17:00Lawyer. Otherwise, it will be difficult to unilaterally change a contract in your favor here. It will probably come down to a proper termination combined with the payment of a contractual penalty. Have you visited the company / architect and tried to have a face-to-face conversation?
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