ᐅ What should be included in the architect contract for work phases 1–4?

Hello everyone,
we are at the start of our construction project: a single-family house built with a timber frame structure. To obtain realistic and comparable offers from different prefab house suppliers, we first want to go through the design phases (phases 1 to 3) with an independent architect, either according to HOAI or on a fixed-price basis. We plan to use this as a basis to compare the builders' offers.

Depending on the supplier, either:

• the builder’s in-house architect will take over phase 4,
or
• if no architect is provided by the builder, we would continue phase 4 with our original architect.

Phases 5 and onward (detailed design and construction execution) would then be fully handled by the contracted builder (this is our current understanding).
Our specific question:
What should be clearly defined in an architect’s contract for phases 1 to possibly 4 to avoid unpleasant surprises later?
We have already read several posts in this forum as well as articles and guides, but many remain vague or general.
We are particularly interested in:

• What are common pitfalls or unclear wording in such contracts?
• How can the services for the individual phases be clearly and reasonably separated?
• Should certain points be explicitly excluded (e.g., no phase 5 included)?
• What is the best way to manage the handover to the builder if they take over the later phases?
• What happens if you do not want to continue with the architect after phase 3 – does this need to be contractually agreed in advance?

Our goal is a clearly defined scope of services and flexible continuity for working with a prefab house company—without duplicate commissions, fee disputes, or copyright issues related to the design.

Thank you in advance for your experience, advice, or even contract examples!

Rathmal schrieb:

We are at the beginning of our building project: a single-family house using timber frame construction. To obtain realistic and comparable offers from different prefabricated house suppliers, we would first like to work with an independent architect through design phases 1 to 3 according to HOAI or for a fixed price. Based on this, we want to compare the contractors' quotes.

Hiring an independent architect is generally a good choice, but at the same time it can be like "casting pearls before swine" if you decide on the construction method before the design process has even started. The crucial decisions should be made during the preliminary evaluation phase, based on the answers gathered in the initial orientation round—not beforehand. It’s important to be fully thoughtful; avoiding a redundant design phase 4 is a step in the right direction, but only just.

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https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/

P.S.: Avoid discount architects (those small-house artists whose scope is usually limited to design phases 1 to 3 or 4, as they often significantly underestimate costs due to a lack of experience in evaluating their plans during later stages). This field is typically crowded with architects like "@Gerddieter warns". Even if you only need module A plus design phase 3, hire a professional for both phases.

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https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/

I took the liberty of asking your question to an AI. You should check yourself if it makes sense.

"For your architect contract, you should establish a clear agreement on the architectural services to be provided (work stages 1-3 or 1-4), including the deliverables (plans, calculations, cost estimates, etc.). Explicitly agree on the handover of the design planning to the construction company and clarify cost issues as well as liability arrangements upon handover and in case the commissioning is not continued. Ensure that the architectural services for work stages 1-3 or 1-4 are clearly defined and that the later use of the plans by the construction company, as well as copyright, are contractually regulated to avoid double commissions and fee disputes.

Contractual regulations for work stages 1-4

• Clear scope of services:
• Define work stages: Specify the exact work stages (WS) 1 to 3 or 4 clearly. Work stages 1-3 provide the basis for construction company offers, while work stages 1-4 cover the permit planning that the architect prepares and passes on to the construction company’s in-house architect.
• Detailed service description: List the individual tasks and deliverables for each work stage in detail. Examples are:
• WS 1: Basic evaluation (analysis of client requirements, site assessment, etc.).
• WS 2: Preliminary design (concept, cost framework, variant assessment).
• WS 3: Design development (sketches, 3D models, detailed planning, project description, cost calculation).
• WS 4: Permit planning (preparation of submission-ready documents for the building permit/planning permission).
• Handover and integration with construction company:
• Definition of handover: Clearly specify which planning documents and materials the architect delivers to you and the construction company.
• Use by construction company: Clarify the usage rights of the design planning by the construction company.
• Contractual continuation clause: Describe the procedure if the architect leaves the project after work stage 3 or 4. Clarify:
• Which specific documents the construction company will receive.
• Who is responsible for the subsequent planning (work stages 5 and beyond).
• How cooperation with the construction company and its in-house architect will proceed smoothly.
• Fees and liability:
• Fee agreement: Specify the architect’s fee amount. Choose a fee structure that is transparent to you, such as a fixed price.
• Liability issues: Ensure clear liability arrangements, especially for the phases the architect no longer handles.

Avoiding pitfalls and unclear wording

• Avoid vague terms: Describe all services in detail to eliminate doubts.
• Explicit exclusions: Clearly specify in your contract which work stages the architect will not perform, e.g., WS 5-9, to avoid double commissions and unwanted services.
• Copyright: Regulate copyright of the created designs to prevent later issues with construction companies.

What to do if you don’t want to continue with the architect after work stage 3?

• Record contractually: Include an option in the architect contract to terminate commissioning after work stage 3.
• Acceptance of performed services: The architect is entitled to payment for the services delivered up to the end of the contracted phase."

Rathmal schrieb:

Our goal is a clearly defined scope of services and flexible compatibility with a prefabricated house company – without double commissions, fee disputes, or copyright issues related to the design.

Often, beginners focus on tangible aspects when starting an unfamiliar project. One of these tangible things is the contract. It is an illusion to believe that a good contract guarantees good quality. Nevertheless, it is certainly wise to avoid signing a poor contract.

The key to a successful, customized house construction with a good outcome is personal decision-making and communication with the architect. When choosing our architect, we paid attention to how enthusiastic they were about our task. We focused on the questions they asked. We wanted to build a home for our lives on an existing, somewhat challenging plot, not just “any” house with a predetermined number of square meters and rooms. Therefore, the way the architect engaged with our requirements became the decisive factor in our selection. It is important to recognize whether you can handle this or not. If you can’t, it is usually better to buy a standard home with a few modifications.

Flexibility is only an advantage for those who can manage the accompanying design possibilities and risks.

Rathmal schrieb:

• What are common pitfalls or unclear formulations in such contracts?
• How can the services of each phase be clearly and sensibly defined?
• Should specific items be explicitly excluded (e.g., no service phase 5, etc.)?
• What is the best way to handle the handover to the builder when they take over subsequent phases?
• What if you do not want to commission the architect beyond design phase 3 – does this need to be contractually agreed in advance?

Common pitfalls usually arise from a lack of understanding of what the contract contains. We used a standard contract and agreed on deviations and the rest with a handshake. The standard contract is my recommendation; everything beyond that naturally carries risks.

The phases are clearly defined by the official fee structure (HOAI). Simply stick to the standard without exceptions.

You only commission the phases that you actually want to purchase. We contracted phases 1-5 to one architect because we did not want an additional interface between design and construction planning. This seemed to us to require too much communication effort since we largely managed the project through individual contracts. If you go to a turnkey provider, you can, of course, assign phase 5 to them.

The handover to the builder is straightforward. You receive all deliverables from the paid phases and pass them on to the builder. You can check beforehand with the builder which documents they require and have the architect provide them. If the builder asks for more than what is described in the phases, it is practical to pay the architect separately for the additional work required.

You can initially sign the contract only up to phase 3 and link further commissions to how well you cooperate. Not every architect will agree to this, but some do.

Building a house is an endeavor for responsible individuals who can accept their own mistakes. An attitude of “wash me, but don’t get me wet” will inevitably lead to an unpleasant construction period.

We (okay, my wife less than I) thoroughly enjoyed the entire building process from the first minute up to moving in. I don’t currently need another house, but I would gladly jump into this adventure again anytime.

hanghaus2023 schrieb:

I took the liberty of asking your question to an AI. You should check yourself if it makes sense.

Just a warning: AI only uses information it can find on the internet. If the AI relies on a “wrong” website with unverified information, the AI’s answer will be wrong as well.
From six times reading an AI guide, I’ve already had two wrong results.
So, as @hanghaus2023 already says: always verify your sources.