Where can one file a complaint against an architect?
This architect charged us 8,500 euros and delivered nothing. We had agreed on 7,200 euros for the conversion of a commercial space into residential space. The man is not an architect or at least has no understanding of German building regulations.
How he was licensed by the Chamber of Architects is a mystery to me, and I cannot understand it at all.
He designed a living room and bedroom without windows. The plans are incomplete and do not match each other; he submitted incomplete plans and made no indication of escape routes or fire resistance classes. He designed the bedroom and living room without windows and clearly has no knowledge of this profession. The building authority no longer wants anything to do with him because they realized he is incompetent.
In December 2018, he promised us that he would submit an approval-ready plan by the end of February 2019 at the latest. On 21.02.2018, he submitted a building application, but the following were missing: formal application for a building permit / planning permission, site plan, cost estimate form for construction statistics. The submission documents were not signed by him at all.
At this point, we already noticed that he was an illiterate in this profession, but unfortunately, we had already paid him 7,200 euros; otherwise, we would have terminated him back then.
On 19.03.2019, we received notification that the building authority intended to reject the application. Structural measures for the protection of life and health were missing, but they gave us the opportunity to correct everything by 19.04.2019. This was corrected, and on May 8, we received the following message from the building authority:
“I have just received an oral statement from the fire safety department of the Märkischer Kreis regarding your project. It shows that no positive fire safety statement can be made on the currently submitted building documents, and that the relevant review cannot yet be completed.”
He demanded an additional 1,300 euros from us, although the agreed fee had already been paid. Allegedly, he had the entire fire protection drawings done by a fire protection expert, and we paid that immediately.
On 22.05.2019, we received a letter from the building authority stating that the review of our application was discontinued because items such as specifications for the placement area of fire department ladders, playgrounds, etc. were still missing.
He then demanded another 2,000 euros, which we did not pay immediately. We said we would pay after the application was approved, but he refused to submit the application any longer. Under threat of legal action, he finally submitted it, and we were supposed to pay the 2,000 euros after approval.
On 01.08.2019, our application was again rejected. Among other things, information on the fire resistance of doors, walls, and section cuts was missing.
Afterwards, we terminated him and hired another architect. He threatened us with multiple invoices because he allegedly worked on the project.
We terminated him in August 2019 after several rejections and on the recommendation of the building authority to do so.
How he was licensed by the Chamber of Architects remains a mystery to me, but I will be filing a complaint there as well.
This architect charged us 8,500 euros and delivered nothing. We had agreed on 7,200 euros for the conversion of a commercial space into residential space. The man is not an architect or at least has no understanding of German building regulations.
How he was licensed by the Chamber of Architects is a mystery to me, and I cannot understand it at all.
He designed a living room and bedroom without windows. The plans are incomplete and do not match each other; he submitted incomplete plans and made no indication of escape routes or fire resistance classes. He designed the bedroom and living room without windows and clearly has no knowledge of this profession. The building authority no longer wants anything to do with him because they realized he is incompetent.
In December 2018, he promised us that he would submit an approval-ready plan by the end of February 2019 at the latest. On 21.02.2018, he submitted a building application, but the following were missing: formal application for a building permit / planning permission, site plan, cost estimate form for construction statistics. The submission documents were not signed by him at all.
At this point, we already noticed that he was an illiterate in this profession, but unfortunately, we had already paid him 7,200 euros; otherwise, we would have terminated him back then.
On 19.03.2019, we received notification that the building authority intended to reject the application. Structural measures for the protection of life and health were missing, but they gave us the opportunity to correct everything by 19.04.2019. This was corrected, and on May 8, we received the following message from the building authority:
“I have just received an oral statement from the fire safety department of the Märkischer Kreis regarding your project. It shows that no positive fire safety statement can be made on the currently submitted building documents, and that the relevant review cannot yet be completed.”
He demanded an additional 1,300 euros from us, although the agreed fee had already been paid. Allegedly, he had the entire fire protection drawings done by a fire protection expert, and we paid that immediately.
On 22.05.2019, we received a letter from the building authority stating that the review of our application was discontinued because items such as specifications for the placement area of fire department ladders, playgrounds, etc. were still missing.
He then demanded another 2,000 euros, which we did not pay immediately. We said we would pay after the application was approved, but he refused to submit the application any longer. Under threat of legal action, he finally submitted it, and we were supposed to pay the 2,000 euros after approval.
On 01.08.2019, our application was again rejected. Among other things, information on the fire resistance of doors, walls, and section cuts was missing.
Afterwards, we terminated him and hired another architect. He threatened us with multiple invoices because he allegedly worked on the project.
We terminated him in August 2019 after several rejections and on the recommendation of the building authority to do so.
How he was licensed by the Chamber of Architects remains a mystery to me, but I will be filing a complaint there as well.
I would only pay the net amount!
Because in this case, the offer violates the regulations on price indication.
Generally, according to Section 1 Paragraph 1 of the Price Indication Regulation, final prices including VAT must be stated when dealing with end consumers.
The subjective obligation to provide pricing applies to anyone who, in a commercial or professional capacity or regularly in another way, offers goods or services to end consumers or advertises them with prices, unless the exceptions in Section 9 Paragraph 1 Numbers 1 to 5 apply.
If the architect complains, you can discreetly point out the following: Incorrect price declarations can be considered a violation of the Trade Offenses Act (Section 10 Paragraph 1 Number 1 of the Price Indication Regulation) and may be fined up to €25,000. That would be more costly than giving up €1,400...
Because in this case, the offer violates the regulations on price indication.
Generally, according to Section 1 Paragraph 1 of the Price Indication Regulation, final prices including VAT must be stated when dealing with end consumers.
The subjective obligation to provide pricing applies to anyone who, in a commercial or professional capacity or regularly in another way, offers goods or services to end consumers or advertises them with prices, unless the exceptions in Section 9 Paragraph 1 Numbers 1 to 5 apply.
If the architect complains, you can discreetly point out the following: Incorrect price declarations can be considered a violation of the Trade Offenses Act (Section 10 Paragraph 1 Number 1 of the Price Indication Regulation) and may be fined up to €25,000. That would be more costly than giving up €1,400...
Whether the amount is gross or net doesn’t really matter at first; this should be clear from the written offer or the invoice. That should be undisputed, right?
You can only try to recover the money through a lawyer, but the question is on what legal basis? You can't directly hold someone liable for incompetence, and the person did do some work, after all.
You can only try to recover the money through a lawyer, but the question is on what legal basis? You can't directly hold someone liable for incompetence, and the person did do some work, after all.
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HilfeHilfe5 Sep 2019 07:23tomtom79 schrieb:
If you talk about net prices with a private person and don’t communicate it clearly, then they’re even less reliable.But that’s how it is. We had the same issue with the general contractor and markups. After the first occurrence, we always asked whether it was gross or net.
Within their invoicing, they always refer to net amounts.