Architectural law

Expertise in all aspects of architectural law

Drafting architects', specialist planners' and general planners' contracts | architects' fees | architects' liability

In the area of architects' fees following the ECJ ruling of July 4, 2019 on the HOAI, Breyer Rechtsanwälte provides comprehensive advice on the effects on existing and future contracts as well as ongoing fee processes. In addition, we provide support in the drafting and implementation of architects' contracts, clarify questions of liability, cost specifications of the client and copyright law. Our many years of experience enable us to find sound solutions to complex legal challenges - be it in drafting contracts, construction supervision or litigation. We combine legal expertise with creative solutions.

Services

Architect fees

How is the architect to be remunerated after the ECJ ruled on July 4, 2019 that the minimum rate fixing pursuant to Section 7 (3) HOAI is contrary to EU law?

What consequences does this judgment have for existing or future architects' contracts or for ongoing fee processes in which the architect refers to the minimum rates according to HOAI?

Breyer Rechtsanwälte advises on these current legal issues, but also on all other aspects of architectural law. Not only on the often-discussed remuneration of architects, but also on the conclusion and drafting of architects' contracts. For example, when does the architect's free acquisition phase end and when does the client owe remuneration?

Architect liability

If the excavation pit has collapsed and the building waterproofing has failed, the client is faced with the question of whether the architect or specialist planner is liable alongside the building contractor, and if so, to what extent.

How should the architect's liability insurance be involved in the process?

Cost specifications of the client

The client's planning specifications, the achievement of cost targets or even cost ceilings are further issues. Also the architect's copyright to his planning services and the scope of these. Or the tasks assigned to the architect if he has taken on the supervision of the project or the service phase 9 according to HOAI are part of our consulting services.

Copyright of the architect

When does an architect's copyright come into play and to what extent is it enforceable?

Does the client have to take the architect's design specifications into account when implementing the building?

We can answer these and other individual questions on the basis of the relevant rulings and practical support.

Contract drafting and problem solving

Why should the solution care about the problem?

Various difficulties in the execution of the architectural contract have arisen once, or for the first time. Then, in addition to sound basic knowledge, creativity and finesse are required to overcome them.

Thanks to decades of experience, including in the supervision of construction projects, one of the central focal points of the Breyer law firm, we are also able to provide a well-founded assessment of complex problems in architectural law. Here we are active in an advisory capacity as well as in construction supervision and litigation.