Plan an architect wrong or inadequate, he is liable to his client. Creates the scheduler running progress reports for the client must show that such defects. The architect certifies the rest with these reports and the compliance of the public construction requirements of the underlying construction permit. Undermining the architect Failure to do so, he notes, for example, no existing deficiencies, although they exist, the client can thereby make him a successful resulting damage claims against the architects.
an acquirer buys a still to be built by the condominium developers, is liable to him for first defects. for the builder is an architect responsible, among other things, to produce current progress reports, so even without a direct contractual relationship with the acquirer will nevertheless be liable to the planners considered.
The Bundesgerichtshof (BGH) had from two judgments 25/09/2008 (Ref.: VII ZR 35/07 and 37/07) to decide on such scenarios. Buyers of condominiums acquired by the developer, who in turn activated an architect. Direct contractual relationship of the planner to the purchasers did not exist. The architect created depending on the progress of construction progress reports for the property developer. The reports, however, were also the basis for the financing of housing by the buyer. According to these progress reports, the bank paid construction rates for the purchaser to the developer. Since the reports of deficiencies are not performed and also the construction did not comply with the building permit, the purchaser took not only the developer but also the architect on A claim for compensation. If the progress reports have been accurate, the Bank rate would not be paid. As a result, builders are liable both as an architect.
Whether was probably between the purchasers and the architect, not a contract, the court said to the buyers damages. As far as the architect at the same time acting in the interests of purchasers, they are within the scope of the included solely between the planner and the developer closed architect's contract. The reports should now protect the buyers against defects still pay the full construction rates. If the absence of defects is certified by the architect, he is also liable the Housing Regulation owners for its accuracy.
The author of this paper is a lawyer Oliver Groll, partner of law firm Arens & resentment from Oldenburg. The 42-year-old lawyer is a specialist in construction law and architecture law and lawyer specializing in rental and property law with other practice areas in contract and employment law. The author is also a lecturer at the University of Applied Sciences Oldenburg / Ostfriesland / Wilhelmshaven, Faculty of Engineering (www.ra-arens.de).