Architect power of attorney

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The architect's power of attorney regulates the extent to which the architect can make binding declarations for the client . If the architect is not authorized, then he is obliged to give a power of attorney himself according to the general regulations ( § 179 BGB ). In individual cases, however, claims by the architect against the client from management without commission or claims against the client from unjust enrichment are conceivable.

Scope of power of attorney

The extent to which the architect's authorization extends initially results from the authorization of the architect in the individual case and from the individual agreements between the parties. Furthermore, the behavior of the architect when submitting declarations of intent must be asked whether he made these in his own name or in the name of the client. In other words, whether he even made use of any power of attorney. All of the circumstances must be taken into account here. In case of doubt, however, it can be assumed that the architect wanted to work for the client. A claim from legitimate management without an order exists, for example, if a measure was urgent and the client could not be reached.

Authorization by architect contract

The architect only receives an “original power of attorney” through the architect's contract and without further authorization . Under no circumstances is he automatically authorized to make all declarations of intent that are necessary for the completion of the building by being commissioned as an architect .

The original power of attorney is only a minimum power of attorney. This is considered implied , i.e. tacitly agreed , when the contract is concluded. How far this tacitly agreed authorization goes through the commissioning of the architect depends on the individual case. Overall, there is no uniform and clearly defined architectural power of attorney following the award of the order to the architect. Even the usual form contracts for architects contain imprecise regulations.

In principle, the following are not included:

  • Changes to the existing contract structure between the building contractor and the client. This concerns, for example, the change in the contractually agreed completion date.
  • The recognition of work wage claims . Without a separate commissioning, the architect is only authorized to recognize the correctness of the content by signing the hourly wage slip.
  • The implementation of the acceptance of the works by contractors, which is binding for the client .
  • The commissioning of special specialists (such as structural engineers , experts for soil investigations).

Tolerance and proxy power of attorney

As in other business dealings, architects may also be given a toleration or proxy power of attorney. A tolerance power of attorney exists if the client knew and tolerated the actions of the architect. If the client did not authorize the architect to act for him, but created the legal certificate that the architect was allowed to work for him and could the recipient of the architect's declarations rely on this, there is a prima facie power of attorney.

Individual evidence

  1. ↑ Higher Regional Court Brandenburg BauR 2002, 476
  2. ↑ Registration in: Ingenstau / Korbion , VOB parts A and B , 16th edition, Werner-Verlag , Düsseldorf 2006, ISBN 3-8041-2150-0 , § 2 VOB / B margin number 48
  3. ↑ OLG Düsseldorf VersR 1982, 1147
  4. ↑ BGH 1978, 140
  5. ↑ OLG Düsseldorf BauR 1996, 740
  6. ↑ BGH 1994, 760
  7. ↑ Düsseldorf Higher Regional Court 1997, 647
  8. ↑ See OLG Düsseldorf BauR 1997, 647

literature

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