Architect contract
The architect contract is a contract between the building owner and the architect , in which the scope of the service provision by the planner is recorded in detail.
Legal basis
The architect contract is freely negotiable, and it is usually a contract for work . Only the economic and technical support is a service contract . In Germany, the general provisions of the BGB apply . The written form is not required by law, but is definitely recommended due to the resulting legal and warranty claims. The VOB shall not apply in architect's contract as owed success no construction work in the sense of VOB / B or § 1 VOB / A 's.
According to a draft law of the federal government, an architect or engineering contract should be an independent type of contract (§§ 650o ff. BGB k. F.) which obliges the entrepreneur to provide the services that are required according to the respective status of the planning and execution of the building or of the outdoor facility are required to achieve the planning and monitoring objectives agreed between the parties. If the latter has not yet been agreed, the entrepreneur must first create a planning basis for determining these goals and present it together with a cost estimate for the project.
Services
The regular architectural services are the basic determination, the preliminary and main draft , the creation of documents and drawings for official building applications , quantity and cost calculations , implementation planning with the elaboration of details, coordination of the specialist planners involved , tendering and participation in the award of individual trades , construction management and Construction supervision , preparation and participation in the construction acceptance and the creation and summary of the final accounts and the building documentation after construction completion or for the handover.
An architectural power of attorney is regularly required for some of these services .
compensation
The remuneration is regulated by law in Germany and described in the fee schedule for architects and engineers (HOAI). This also regulates the basic claims according to the nine service phases if an architectural contract has not been concluded. In order to reduce the overall construction costs , it is possible to regulate a profit sharing with an architect contract, but also to conclude a liability agreement for increasing costs.
All services not mentioned in the HOAI cannot be remunerated within the scope of the service phases mentioned there. The scope of services and the level of remuneration should be explicitly agreed in each case. These include, for example
- Calculations for thermal insulation according to EnEV ,
- Calculations for ventilation systems (again according to EnEV),
- Preparation of applications for promotional loans and subsidies ( Kfw , DENA ...) and
- Elaboration of special applications (monument protection law, renovation law, water protection law, emission law approval ...).
Web links
- Explanations on the topic at baurecht-ratgeber.de
- The architect's right to appropriate remuneration (PDF file; 142 kB)
- The burden of presentation and proof for services rendered in the architect's fee process (PDF file; 133 kB)
Individual evidence
- ↑ Draft of a law to reform building contract law and to change liability for defects under commercial law ( BT-Drs. 18/8486 )
- ↑ further example VwVSächsBO Annex 2 and Annex 3 (pages 59–65) ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
