The architectural law determines rights and obligations of the architect to his client and to third parties. Architectural Law is still missing a uniform and integrated Architect´s Act; the individual provisions that regard this area of Law are contained in various laws and legal acts. Furthermore, the majority of details that regards architectural law are shaped by individual cases ‘judgments.
The design of an architectural contract is primarily based on the Civil Code (BGB). The fees are based on the Honorarium Code for architects and engineers (HOAI). The professional rights are governed primarily by the architects ‘laws of the regions (so-called Länder in Germany) and by the statutes and directives of the Chamber of Architects.
Architects Contractual Law
When assessing, or creating a typical architectural contract, an exact comparison of the construction and planning task is necessary. A professional, individual case-oriented contract arrangement permit to avoid any later dispute over the performance of an architect or over possible fee issues related to the honorarium code for architects and engineers (HOAI).
Duties of an Architect
The Administration of Justice has imposed on the architect a wide range of clarification responsibilities, information´s obligations, reference requirements and consulting services ‘obligations. On the other hand, the bear liability of an architect is generally not regarding technical mistakes of manufacturers or companies and subcontractors.
Our activities in architectural law
We advise and represent medium-sized and large architects and engineers as well as public and private clients in issues concerning architectural and engineering´s law. At the same time, we are constantly involved in architectural and engineering´s contract´s arrangements; we also observe the various design possibilities that the public pricing law of the honorarium code for architects and engineers has to offer (HOAI). We are dedicated trial lawyers; we ensure a problem-solving approach and a solution oriented representation in the construction supervision. We certainly also advise and represent builders, construction companies, craft businesses, project planners and so on.
- Creation and examination of architectural and engineering contracts
- Project control contract according to DVP model
- Pre-contractual information and consultation obligations
- International engineering and construction contracts following the FIDIC regulations
- Compensation policies for special benefits, extension of the contract, contractual change of the agreed services and repetition of services
- Definition of the performance penalty to limit the risk of liability, fee agreements and the avoidance of supplementary costs of construction companies (acceptance of architectural works, premature termination of the contract, partial acceptance, liability of architects, right of subsequent performance of architects, lack of facts, secondary defect-related rights, liability of the construction supervision, construction costs breach, construction costs warranty, cost range, costs ceiling, limitation period caused by deficiency claims , termination of a contract for important personal reasons, limitation of liability and Terms and Conditions, safeguard of architects ‘claims, security mortgage, security of construction’s manufacturer following the German § 648a BGB, laws regarding the safeguard of a building capital, general planners contracts.
- Accompanying the preparation of the auditable financial statements
- Extra judicial and judicial enforcement of fee claims
- Extra judicial and judicial enforcement of copyright claims
- Defense of liability claims
- Proceedings management and support within an independent procedure for taking of evidence
- Requirements enforcement and demand, process management and execution
- Checking and processing of the liability claims in insurance policy conditions of architects and engineers.
Further topics of Architectural Law:
- Termination of the architects´agreements
- Architects´ professional fees
- Professional Code of Architects
- Freelancer as an architect
- Corporate contract for architects in GbR / Partnership / GmbH
- Architect´s liability
- Architect´s services
- Design drafters for building services
- Chamber of Architects.