ᐅ Architect’s Responsibilities Regarding KfW Funding Interest and Additional Matters
Created on: 13 Jul 2018 11:44
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Ruhrgebiet23
Hello everyone,
We purchased a house in February this year. It’s a semi-detached house from the 1950s, generally in good, old condition. It quickly became clear to us that we wanted and were able to invest a significant amount of money (up to around 300,000,000 Euros) to have everything done “properly.” We found an architect through a distant acquaintance who accompanied us for the inspection in December.
The purchase was completed in February, and we hoped for a quick submission of the building permit / planning permission application — we intended to renovate everything (new heating system, pipes, insulation, windows, etc.) and extend the back. We already had a draft design, which was roughly adopted and, of course, detailed further. The architect informed us at the second meeting that he had a new employee who would be responsible for our project. We were a bit surprised but accepted it. Some mistakes have been made by him (e.g., compass directions on the building permit incorrectly shown — my husband noticed this before submission; errors concerning the development boundaries, which, however, were never acknowledged), but that is not the main point here.
The original architect quickly made it clear that he was rather skeptical about insulation. As a result, we also assumed that achieving low-energy house standards or similar would not be possible. However, we stated early on that we were very interested in a photovoltaic system for hot water.
The building permit / planning permission was submitted three months ago, and since then we have been waiting — no one is responsible for the delay (at least not the architect). Meanwhile, we have been constantly trying to discuss KfW (government) funding programs with the architects. Both say that adapting the house to be age-appropriate is easier to implement than energy-efficient renovation. Because we persistently asked, they have now admitted that funding measures for energy-efficient renovation are also possible. Regarding further information, they consistently refer us to a financial advisor, who can only tell us that loan terms there are generally better than at our regular bank. We have now brought in an energy consultant to assess what really makes sense for our property. She believes that insulation according to the Energy Saving Ordinance is quite reasonable and not much more expensive. She met with the architects earlier this week.
We have already asked the architects several times to prepare a detailed cost breakdown — so far, we only have a rough estimate from 02/2018. But in order to decide what kind of funding might be suitable FOR US, we need comparable figures. Is that really too much to ask? What can we reasonably expect from the architect? He is contracted for all phases of the project.
We feel that the architects simply want to keep the planning effort as low as possible. We have to raise many issues multiple times before they are considered. For example, we asked for a drywall partition wall to the neighbor to be planned. At the last meeting, we were asked to finalize the kitchen plan as soon as possible. When we finally got the dimensions, we asked again if the drywall partition had been included. It had not. This has been repeated with many things so far, where we as laypeople have to remind them constantly. We certainly will not be able to think of everything... The new architect independently handles the exterior design of the entrance area — when we point out efflorescence in the basement, he replies that he can look into it during construction. We are laypeople, but their priorities don’t seem very logical to us...
Maybe I’m mistaken, so I would appreciate your assessments.
Best regards!
We purchased a house in February this year. It’s a semi-detached house from the 1950s, generally in good, old condition. It quickly became clear to us that we wanted and were able to invest a significant amount of money (up to around 300,000,000 Euros) to have everything done “properly.” We found an architect through a distant acquaintance who accompanied us for the inspection in December.
The purchase was completed in February, and we hoped for a quick submission of the building permit / planning permission application — we intended to renovate everything (new heating system, pipes, insulation, windows, etc.) and extend the back. We already had a draft design, which was roughly adopted and, of course, detailed further. The architect informed us at the second meeting that he had a new employee who would be responsible for our project. We were a bit surprised but accepted it. Some mistakes have been made by him (e.g., compass directions on the building permit incorrectly shown — my husband noticed this before submission; errors concerning the development boundaries, which, however, were never acknowledged), but that is not the main point here.
The original architect quickly made it clear that he was rather skeptical about insulation. As a result, we also assumed that achieving low-energy house standards or similar would not be possible. However, we stated early on that we were very interested in a photovoltaic system for hot water.
The building permit / planning permission was submitted three months ago, and since then we have been waiting — no one is responsible for the delay (at least not the architect). Meanwhile, we have been constantly trying to discuss KfW (government) funding programs with the architects. Both say that adapting the house to be age-appropriate is easier to implement than energy-efficient renovation. Because we persistently asked, they have now admitted that funding measures for energy-efficient renovation are also possible. Regarding further information, they consistently refer us to a financial advisor, who can only tell us that loan terms there are generally better than at our regular bank. We have now brought in an energy consultant to assess what really makes sense for our property. She believes that insulation according to the Energy Saving Ordinance is quite reasonable and not much more expensive. She met with the architects earlier this week.
We have already asked the architects several times to prepare a detailed cost breakdown — so far, we only have a rough estimate from 02/2018. But in order to decide what kind of funding might be suitable FOR US, we need comparable figures. Is that really too much to ask? What can we reasonably expect from the architect? He is contracted for all phases of the project.
We feel that the architects simply want to keep the planning effort as low as possible. We have to raise many issues multiple times before they are considered. For example, we asked for a drywall partition wall to the neighbor to be planned. At the last meeting, we were asked to finalize the kitchen plan as soon as possible. When we finally got the dimensions, we asked again if the drywall partition had been included. It had not. This has been repeated with many things so far, where we as laypeople have to remind them constantly. We certainly will not be able to think of everything... The new architect independently handles the exterior design of the entrance area — when we point out efflorescence in the basement, he replies that he can look into it during construction. We are laypeople, but their priorities don’t seem very logical to us...
Maybe I’m mistaken, so I would appreciate your assessments.
Best regards!
As clients, you are the principals, and the contractors are the parties performing the work.
The architect is not involved in this contractual relationship. They are only paid by you for consulting services, for which they may also be liable for the outcome in certain cases.
Of course, the contractor has a right to be paid, but they must also, among other things, provide a clear and understandable invoice. What exactly should be included and how it applies in a specific case is something you should discuss with a specialist construction lawyer.
Edit: Regarding your case, the invoice should at least include a certificate from the disposal site showing the quantities billed, including the date and amount/weight.
You could then, for example, inquire with the disposal site about their charges to use that information to assess the reasonableness of the unit price.
The architect is not involved in this contractual relationship. They are only paid by you for consulting services, for which they may also be liable for the outcome in certain cases.
Of course, the contractor has a right to be paid, but they must also, among other things, provide a clear and understandable invoice. What exactly should be included and how it applies in a specific case is something you should discuss with a specialist construction lawyer.
Edit: Regarding your case, the invoice should at least include a certificate from the disposal site showing the quantities billed, including the date and amount/weight.
You could then, for example, inquire with the disposal site about their charges to use that information to assess the reasonableness of the unit price.
R
Ruhrgebiet2329 Jan 2019 07:56I just checked the price with the waste container service. This exact 6 cubic meter (about 212 cubic feet) container costs 350 euros plus VAT. The structural builder charged us 900 euros plus VAT.
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Caspar202029 Jan 2019 08:04Ruhrgebiet23 schrieb:
I just checked the price with the waste container service. This exact 6 cubic meter container costs 350 euros plus VAT. The shell construction contractor charged us 900 euros plus VAT.That’s what you call value added. But it’s not unusual these days. In the plumbing sector, the markups are usually even higher.
Seriously, gather your documents and consult a specialist lawyer. Anything else is nonsense. This might be a lever you can pull, but probably not before the shell construction phase is completed...
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Ruhrgebiet2329 Jan 2019 08:12Sure, the labor hours are included in that as well. And from my experience in the plumbing sector, I’m familiar with that.
However, I do find it quite significant that the profit margin on each individual container is so large. That means they are surely motivated to have as many containers hauled away as possible.
I think the main point is that the costs were not recalculated when the increase in excavation became clear. At that point, a decision should have been made.
I’m going to call our legal expenses insurance first. If this service isn’t covered, they can probably recommend a specialized lawyer.
However, I do find it quite significant that the profit margin on each individual container is so large. That means they are surely motivated to have as many containers hauled away as possible.
I think the main point is that the costs were not recalculated when the increase in excavation became clear. At that point, a decision should have been made.
I’m going to call our legal expenses insurance first. If this service isn’t covered, they can probably recommend a specialized lawyer.
R
Ruhrgebiet2329 Jan 2019 08:17Zaba12 schrieb:
I can’t understand why you proceeded without knowing the offer and prices. At least now you won’t make that mistake again. No work should start without reviewing the items and prices.Looking back, I feel the same way. Legally, it’s completely unacceptable, but maybe understandable on a personal level: The previous architect is a distant acquaintance of my husband’s family. After waiting 8 months, we finally received a building permit in December and wanted to get started. The architect then presented a quote (not the completed bill of quantities!) of just over 70,000 euros (about 75,000 USD) and said that this would be fine. We specifically asked if the price was okay. He said yes. At that point, we didn’t even know what a bill of quantities was. Yes, it’s our fault, of course! But after asking several times with suspicion, I simply didn’t expect to be treated so poorly.
And yet, besides the agreed excessive price, I see the problem that we were not informed when the scope of the work changed so significantly.
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