ᐅ Problems with the architect – signing a preliminary agreement without sufficient caution
Created on: 14 Feb 2018 12:53
R
reeneex
Hello,
In 2015, we decided to build a house and wanted a Ytong (aerated concrete) house. Unfortunately, I naively signed a preliminary contract. The planning services according to HOAI that were included when the house contract was finalized were part of the agreement. Over time, we became more than disappointed with the architect and ultimately decided to buy and renovate an old house instead.
In our opinion, the architect did not do his job well or adequately at all. However, he is now demanding the full amount of €4700. After our initial objection, we have now received an invoice for almost €9000.
What can we do? Is there a central complaints office for architects? Do I need to consult a lawyer? Are there any chances at all?
Thank you for your help.
Matt
In 2015, we decided to build a house and wanted a Ytong (aerated concrete) house. Unfortunately, I naively signed a preliminary contract. The planning services according to HOAI that were included when the house contract was finalized were part of the agreement. Over time, we became more than disappointed with the architect and ultimately decided to buy and renovate an old house instead.
In our opinion, the architect did not do his job well or adequately at all. However, he is now demanding the full amount of €4700. After our initial objection, we have now received an invoice for almost €9000.
What can we do? Is there a central complaints office for architects? Do I need to consult a lawyer? Are there any chances at all?
Thank you for your help.
Matt
So presumably you have a contract with an independent architect.
As already mentioned, only a lawyer can truly assist and especially help you move forward.
Just to set expectations: The architect “owes” you the agreed service (e.g., design work for phases 1-3). If they have essentially delivered that, you owe them their fee.
The fact that the architect did poor work, couldn’t reach an agreement with you, or was unfriendly is legally irrelevant when it comes to payment. Proving poor quality work will be difficult to impossible. —> therefore, reaching an agreement might be the most practical solution.
As already mentioned, only a lawyer can truly assist and especially help you move forward.
Just to set expectations: The architect “owes” you the agreed service (e.g., design work for phases 1-3). If they have essentially delivered that, you owe them their fee.
The fact that the architect did poor work, couldn’t reach an agreement with you, or was unfriendly is legally irrelevant when it comes to payment. Proving poor quality work will be difficult to impossible. —> therefore, reaching an agreement might be the most practical solution.
H
HilfeHilfe15 Feb 2018 06:56I’m curious to see how this turns out. BUT he has done something—what amount were you expecting to pay? Did you make a counteroffer or reject it outright?
Since you signed a contract that allows billing according to HOAI, you will also have to pay according to HOAI. It is not a contract where you can decide what you want to pay.
If he has demonstrably completed each item as a work package and has provided you with the results, then I believe you have no choice but to pay the requested amount. Judging by his approach, the architect is quite a clever “player”!
But here, too, the only solution is to communicate with each other before involving a lawyer!!!
If he has demonstrably completed each item as a work package and has provided you with the results, then I believe you have no choice but to pay the requested amount. Judging by his approach, the architect is quite a clever “player”!
But here, too, the only solution is to communicate with each other before involving a lawyer!!!
I just quickly browsed through the old thread. The only reasonable (not completely crazy) floor plan came from your (the?) architect, and now you want to take the credit away from him? And if I may judge your behavior and attitude in that thread as an outsider: I wouldn’t necessarily place the failure of the collaboration solely on his shoulders.
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