Design appointments need a defined brief, clear planning and supervision duties and a reliable fee arrangement. We advise on appointments, scope changes, professional liability and disputes between employers, designers and contractors.
Define the planning and supervision outcome
Sections 650p onwards BGB contain specific rules for architect and engineer contracts. The appointment should identify objectives, deliverables, phases, specialist interfaces and the decisions required from the employer. A reference to service phases alone may not resolve every disputed obligation.
Where essential objectives are still open, the statutory framework provides for an initial planning basis and cost assessment. Related termination rights should be considered before treating early feasibility work as an unconditional instruction for the full project.
Agree fees and manage change
Under the current HOAI framework, the fee agreement is central. Text-form requirements, the treatment of basic and special services and the consequences of a missing agreement need attention. Historic contracts may be governed by different rules; a current fee table should not simply be applied retrospectively.
A changed brief, repeated planning or extended construction period can raise additional remuneration questions. Record the requested services, agreed assumptions and impact on fees before the work expands.
Investigate liability and insurance
A construction defect does not establish that every designer is responsible. Identify the duty, breach, causation and loss, and distinguish design from execution and supervision. Notify insurers in accordance with the policy and coordinate evidence without making premature admissions.
Define design objectives, stages and supervision duties
The appointment should distinguish design objectives, service stages, additional tasks and employer cooperation. Naming a stage does not replace a review of the deliverables actually required. Staged appointments need separate arrangements for instructions, remuneration and commitments to later phases. Budget, use and technical changes should be recorded as identifiable decisions so repeated design work is not treated simply as an unexplained fee increase.
Implementation and common pitfalls
An alleged supervision failure must be tested against the particular duty and construction sequence. Review identifiable risks, occasions for inspection, warnings to the employer and the conduct of the executing contractors. The appointment, site diary and meeting records need to be read together. Settlement may also require attention to insurance, shared responsibility and the distinction between correcting design and repairing the building.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A budget changes mid-design
The employer expands the floor area after approval of the brief. Record the additional design scope and fee basis.
A missed supervision issue
A concealed detail fails after handover. Examine the required supervision, site records and contractor responsibility.
Unclear feasibility work
An architect starts work before the project is defined. Clarify the initial deliverable and whether later stages were actually commissioned.
An old fee claim
A fee dispute concerns an appointment made years ago. Establish the contract date and applicable HOAI regime before calculating the balance.
Documents that help us assess your position
The appointment, brief, fee agreement, phase approvals, design revisions, site records, cost reports and insurance correspondence.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
- German Civil Code, section 650p
- German Civil Code, section 650q
- German Civil Code, section 650r
- HOAI, section 7
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.