Architect’s Contract

Architect’s Contract

Peter Harlander
Harlander & Partner Rechtsanwälte „Als Architekt erfüllen Sie eine wichtige Funktion, schützen Sie auch sich selbst und erbringen Sie Ihre Leistungen stets auf Basis eines rechtlich sauberen und optimierten Vertrages.“

Subject Matter of the Contract / Contractual Basis

A precise description of the subject matter of the contract saves you an incredible amount of time, effort, and above all, costs in the event of a dispute. It is advisable to incorporate all agreements discussed and finalized between you and your client into a comprehensive contractual document. Only in this way can both parties achieve absolute legal certainty.

Services and Obligations of the Architect or the Client

The services to be provided by you as the architect and your corresponding obligations should be described as concretely and precisely as possible. The same applies, incidentally, to the client. Experience shows that formulations such as “is particularly obliged to…” cause significant problems, as the scope for interpretation of what might be meant is far too broad.

Dates and Deadlines

Dates and deadlines for when certain steps are to be taken and services are to be rendered (at the latest) should be recorded as accurately and precisely as possible.

Remuneration

A central component of every architect’s contract is the remuneration due to you as the architect. If this is to be paid out in installments (e.g., upon the achievement of specific results or services), this must be precisely described to prevent disputes.

Liability

Often heard – never properly questioned. A construction project goes wrong. Who is to blame? The architect.

Provisions regarding liability are extremely important. Especially in the B2B sector, a legally sound optimization of your liability is possible and should not be neglected.

Copyright Law

Provisions regarding the granting of exploitation rights and their limitations are indispensable.

Written Form

It is advisable not to enter into any oral collateral agreements or oral supplementary agreements. In the “worst case,” this can lead to proper submission of evidence in court not being possible, because the opposing party denies everything.

For this reason, it is advisable to stipulate contractually from the outset that no oral collateral agreements exist and – if collateral agreements are made in the future – they must be entered into in writing to be valid.

As you can see, there are several aspects to consider when drafting an architect’s contract. Therefore, do it right from the start and seek advice. We are happy to assist you.