ᐅ Architect’s Responsibilities Regarding KfW Funding Interest and Additional Matters

Created on: 13 Jul 2018 11:44
R
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!
Z
Zaba12
29 Jan 2019 08:25
I can only repeat myself. Responsibility and decision-making cannot be delegated. It’s like in the private sector. Just because you, as an executive, have a project manager for a project, you are the one who decides, not the project manager. The project manager is only responsible for coordination and presents all the facts to you. If you knew beforehand about the €150 (about $160) per cubic meter price, then you made the wrong decision. If not, then consult a specialist lawyer.

So the question is: did you know the price in advance? And this has nothing to do with an incorrect cost estimate.

That is a completely different matter!
R
Ruhrgebiet23
29 Jan 2019 08:46
Zaba12 schrieb:
I can only repeat myself. Responsibility and decision-making cannot be delegated. It’s like in the private sector. Just because, as a board member, you have a project manager for a project doesn’t mean the project manager makes the decisions. You decide, not the project manager. The project manager is only there to coordinate and present all the facts to you. If you knew about the 150€ per cubic meter before execution, you made the wrong decision. If not, then consult a specialized lawyer.

The question is: did you know the price in advance?

We knew the TOTAL price in advance. Chronologically:

- Morning of 12/4/18: Meeting with the former architect following the finally granted building permit / building approval. He mentions an offer from the structural builder xy (no other offers for comparison). We ask if this is a high price due to the good workload and are surprised that there is no comparative offer, although it was agreed with the architect. The former architect denies this and emphasizes that he has worked with the structural builder several times before. 70,000 EUR is considered acceptable. We do not see a bill of quantities and do not receive one to take home or by mail.

- Afternoon of 12/4/18: We send a meeting note to the young and former architect (because they never take notes and often forget half of the details): "It is expected that construction company xy will be awarded the structural work. The former architect will try once more to renegotiate the price, as Mr. Builder has already indicated that it is not set in stone yet [Note: this did not happen]. A meeting is scheduled for Monday, 12/10, at 2:30 p.m.

- 12/10/18: Meeting of the architects, structural builder, and me at the construction site. Only a rough inspection. No renegotiation of the price as announced.

- 12/19/18: We receive the construction contract and early payment discount agreements by mail from the architect. Under point 4 Remuneration (referring to paragraph 2 VOB/B) it states: "For the service described in no. 1, a provisional sum of (...) contract amount 70,163.01 EUR is agreed." No further breakdown.

- 2nd calendar week 2019: Construction start

- 1/23/19: We receive by email the first partial invoice for the structural work from the young architect, dated 1/18 when it was received by him. Due to the early payment discount agreement, we pay the next day.

- 1/25/19: After repeated requests, we receive the builder’s price breakdown by email. There we see the 150 euros per cubic meter (about 5 cubic yards) for the first time.

The rest is known...
Z
Zaba12
29 Jan 2019 08:59
I have read through it. You basically let the architect do whatever they wanted. You simply don’t proceed if you don’t know the details. Hold off until you are fully informed. That was unfortunate.
R
Ruhrgebiet23
29 Jan 2019 09:53
Ok, we will keep this in mind for the following trades. Definitely. Even if it means we need to study the quotes for a week first.

I just spoke to a lawyer through my legal expenses insurance. He sees three issues with the structural contractor:

1. Why was there triple the amount of soil excavation? The young architect wrote today: "Mr. Structural Contractor verbally informed me during a site visit that the volume of earthworks exceeded the tendered amount. I only learned the exact quantity with the first progress payment invoice. I instructed Mr. Structural Contractor yesterday to inform us promptly about change orders or quantity overruns. As I mentioned to you yesterday, I will still address the price with Mr. Structural Contractor again. The quantity increased partly because Mr. Structural Contractor needed a gravelled setup area for the crane. Costs for garden and landscaping are reduced by excavating and gravelling the garage access."

2. Why was this not foreseeable? (There were inspections on site, and for the excavator the topsoil layer is decisive.)

3. Why were we not informed immediately? The structural contractor called me on January 12th, saying that the construction power supply does not work when the crane runs at level 3. The soil issue in the excavator area must have occurred shortly before. Since this was not listed in the bill of quantities / scope of work, information would have been necessary here. But nothing came.
Z
Zaba12
29 Jan 2019 10:08
Regarding points 1 & 2: Because nobody thought about it. Neither the shell builder nor the architect. This falls under the question of "Do we need a construction access road or a secure crane site?" What do you want to hear now? I’m an office worker / construction layperson and I considered this because I read through dozens of homeowner blogs before the start. One of our neighbors had to install a retaining system for the excavation pit / slope with a height of 10 meters (33 feet), and it cost him a small fortune since the steel supports had to be removed after filling the basement. It cost him €15,000. Nobody cared that nobody had thought of it! Now there’s a request for additional funding. I also had it clarified what happens if the scaffolding, the crane, the meter cabinet, the portable toilet, etc. need to stay on site longer.

Have you clarified something like this? All four items together could cost you an extra €1,000 per month. Are you aware of that?

Regarding point 3: Communication problems and an inexperienced architect? Why did you agree to be supervised by a recent graduate? I would have immediately revoked the architect’s commission.
R
Ruhrgebiet23
29 Jan 2019 10:19
Regarding point 3: We did not agree to this. We signed the contract with the architectural firm (which was a one-person operation at the time). Shortly afterward, we were presented with a fait accompli that his new employee (and former intern) would take over our project.