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Architect's fee - Form Error Order by community

repeatedly overlooked engineers and architects in their agency that apply, as appropriate constellation of certain procedural requirements. Orders from private individuals or companies are generally not subject to procedural requirements - even an oral contract award is possible. In the normal case, thus the client does not plead that it was not concluded a written contract.

is different, however, when an architect of a contracting-for example, a municipality or a city - can be adduced. In each province there are different rules in this, the municipal regulations, the form or Representation schemes provide. In Lower Saxony, the commission required by a municipality under § 63 of the Lower Saxony town of Procedure of the handwritten signature by the mayor. If only a verbal instruction from, the contract void. Similar formal requirements exist in all states. In any case, a written contract is required when a municipality's mandates.

learned this in what is now a planner with the Higher Regional Court of Brandenburg (4 U 193/08) case decided. He was from a personal acquaintance merely asked orally with extensive planning for road works. When the architect its services reckoning and warned that the town resembled a formal requirement from the local municipal code, and refused a payment. She almost hereby been successful: the district court dismissed the application fee of the designer at first. The Higher Regional Court of Brandenburg saw things differently on appeal. It is true that a verbal contract for failure to comply with that requirement of the Municipal Code void and thereby invalidated, but the Supreme Court helped the planners. Since he had provided services without the (effective) contract and the town they used, he could demand from enrichment principles of his fee.

The planners from Brandenburg in the second instance luck had. Had the municipality for the planning work is not used, the architect had gone blank. A similar case to Lower Saxony state law has held the OLG Celle (14 U 237/05) in 2006. For reasons form a verbal contract was also void. As the community but had no money for the realization of the executed design, the engineer could derive also from the unjust enrichment of any compensation claims.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens & resentment from Oldenburg. The 44-year-old Lawyer lawyer specializing in construction and architectural law and lawyer specializing in rental and condominium law with other practice areas in contract and employment law. Attorney grievance is also general counsel of the National Association of German Professional Drivers Association and North lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth, Faculty of Engineering (www.ra-arens.de).

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Lesson in patience

Otherwise, we can not describe our experience today. But first things first:
In a bottom plate, various empty ear "built in" to the various media from outside to inside (and vice versa) to relocate. This has the advantage that no holes drilled and the proof required in well-insulated building envelope, must be introduced beaten or otherwise. The electrician, however seems particularly pleased at the "holes" have to - to our regret.
The first strike took place at the raw installation and wiring in one day, we found several holes in the outer walls of the HAR. Including a hole for a finger-thick underground cable. A few phone calls and explanations later we had hoped at that time that the electrician our intention regarding the tight building envelope said. Finally, we also invest in stuff more insulation to keep the heat in the house.
think, however, a few months later the game goes from the beginning. In the electrical design has been forgotten that a ventilation system must be supplied with electrical power. So taken from our 'recoVAIR 275' down a cable slack, which could find no connection to the mains - so there was nothing available in cable length. The site manager said that the electrician will take care of it. And how he did it. Completely überrumpelnd was the mistress of the house in a random Encounter with the question of whether the pipes should be "up and down long" surprise. What was not explained to her. When we got together the next day on site, we found the following: from one side of the HAR led through 2 walls and 2 corners, a light gray plastic pipe to an outlet on the ventilation system. My colleague could not resist the following question: "Baroque or Renaissance?" Tellingly, I had an over concealed wiring in a new building in 2011 can not describe.

Well, call the electrician and an "ordinary", as described in the contract, "concealed wiring" asked. Today, 3 days later the heat pump was installed. It was the electrician. Therefore, we have taken a short detour to the site. Arrived, we discovered not only the truly impressive, with the Red Dot Design Award 2010 eye recorded the outdoor unit Vaillant heat pump air , but a cable and the outside of our house. At first I thought 'Hmm, a cable was forgotten for LWP and you have this instead of the empty tubes back through the wall? " But the first glance was mistaken:

From one side, around the corner ...

... and back into the house

The cable led out on the one side of the HAR from the wall, wound on the outer wall around the corner to the other end HAR of disappearing back into de wall. My thought was
'???? What should that be, then, is missing something in the middle ????" 'When I saw the HAR from the inside, it struck me like scales from their eyes. The once plastered over cable laid for the ventilation system was now just on the other side the wall outside Namely moved.
And even a feeling of déjà vu about holes in the building envelope? My first thoughts were now 'How is this still the points of the wall thermal insulation system applied flush? Had the company not save the whole carcass effort to offset the wrong obscurities honeycomb bricks can? "

Our supervisor told us this was not a problem. Finally, the outer insulation is installed with adhesive, which compensates for the cable with no problem.
But what happens if, admittedly a highly unlikely case, probably, has the cable? Due to the insulation or rather by the massive wall?

The outdoor unit of Vaillant air / water heat pump geoTHERM plus Economics S
(and beyond creative cabling)

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26/02/2011 - Bauinfotag in Frankenberg

After we were invited to Bauinfotag to Frankenberg, have we, or I accepted the invitation with pleasure.
My men had it then but rather preferred to Kaiserslautern to drive to the football game, around 1 FCK cheer :-)

Once in Frankenberg, we were greeted warmly at the reception. You got a name tag, the desired coupon, the welcome gift and a lot of food and Getränkemärkchen.
Thanks to Finger house for the great organization.
It was very informative and the food and beverage selection was sensational ...
Thanks also to our supervisor, Mrs. B., with which I was able to chat over a coffee.
Welcome to Mrs. B. ... I hope you have found your blog :-)

Here are a few photos :-)

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Foretaste of the summer of 2011

can

The nature reserve Beverin touch you now. It is available new in paper form - using a newly printed card. The wealth of information, tips and offers to make the back feel like summer. I helped prepare the content for the Safiental and am now curious to see how you the deals in our valley will like.

NEW you can rent, among other things in CAFI in Safien place FLYER ( electric bike ) or - a guided half-day hike "from Alp to Alp" experience. Please look for themselves what nature park Beverin everything for you is ready. The card is now available on the valley or is available from Safiental tourism.

I wish you much fun fill up the anticipation.

Felicia Montalta

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story so far ...

We, the Heike (39), Stephan (40) and our son, Hendrik (9), had in August 2010 decided that our Condo for sale.

Actually we wanted to buy an existing property .... Well actually ...
but the reality was different.
A change of location for us was not in question, and unfortunately there were no interesting offers.

After then, in December buyers for our condo and had wanted to move in later than the end of February, we were given short-term panic :-)

short, we decided after all to build.
In our town there is a new development area. In the community we got the map of the land, nor for the second-disclosing Construction phase. Here we found a nice corner lot the same with 489 square meters and can reserve.
The contract for this we received in January 2011.

fingers House came here very quickly in the short list.
It is a medley 300 Plus with 1.60 m L-shaped in plate, ready technology.

meantime, we have completed the following Combat:

• ETW is sold
• funding for our tiny castle is
• work contract is signed
• contract and purchase agreement for the Plot obtained
• offer for earth / baseplate get

The next to do's:

• Bauinfotag on 26.02.2011 in Frankenberg ... looking forward looking forward looking forward ...
• appointment with notary regarding the sale of land
• wait otherwise, wait, wait and be patient :-)

but not least, my daily to do's: Planning

• kitchen on the web
• in the finger-house forum
• window browse the existing plan forth and procrastinate
• plan change
• ... here are changing right now my daily needs and ideas
• typical woman holding

here before one of my plans. On the left wall or a round window is planned for the corridor (which I found in the finger house forum - thank you for this great idea ...).

Here also the tiles (dark gray), which are very suitable for industrial / WT / bath / kitchen would like

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media hype

The solar ski yesterday and today the media saw a new peak.

The report in the Tages Anzeiger sparked a mass of of reactions that have amazed me once again.

are now answered all the received e-mails and phone calls and it is once again a little calmer. That, at least until the next media hype ....













(The Switzerland of South East 02/17/2011)

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Update

As has happened in recent days, but good stuff "in construction", here's a quick update :

plastering
showed the first decrease in the interior plaster, that a small rework are necessary. Fortunately, the frost seems to have taken no negative influence. The first attempt was to eliminate the deficiencies are not so very successfully, so it goes shortly into the second overtime. To be continued ...

Plumbing & Heating
The last days were the employees of the company Rothermann hard to swing. The raw installation of heating and plumbing was at 07.02. completed. There were a few surprises that we did wonder. After we (actually mainly the better half of us two) had put it some effort into the bathroom planning and had this also voted diligently with the heating and plumbing company, there were two unexpected events:
The laying of the channels for our air conditioning was not as be planned, since it was installed in the floor, a steel support so that he was a few inches above the unfinished floor (still with vesehen screed) stood out.
The fixtures for the Bath could not be built as planned, as is the ring beam at this point.

What we ask ourselves: Those are really things that are visible in the drawings, why is that the skilled man of the heating and plumbing company noticed does not advance. Fortunately, the local staff able to assist us in solving the task. Ml look at what we now attempt to pass on extra costs to us.

Here again a few pictures:

Fußbodenheizungsgeschlängel - in an interesting color

Part of the house connections

floor Stage 2: Land of the channels for the ventilation system

cross-section of the floor in level 2

The ventilation system
(unfortunately I have a "problem" with the portrait - you just HAVE to times when viewing on its side)

screed laid
After the raw installation of heating and plumbing like the "floor layers" and are now ready to go now. In one week we can then set the first time a foot in our advanced construction.

electrical service entrance
More of a tiresome subject: Apparently there are people in the neighborhood who have forgotten how their own house construction expired a few years ago. They took exception to the Baustromkästen, which were placed near the junction boxes. Admittedly not a pretty as before a plot of land, but temporary sight. There were several letters from the Government, which was ultimately with the threat of a misdemeanor its peak. So
Flux offset all into a frenzy and asked the utility to the activation of the electric service connection. Within 2 weeks ski screened two attempts because the application documents for the Stromvesorgung not arrived by post from us. One should sometimes the internal processes and the Postal Service under the microscope. And finally we got the documents he prefers it personally. Thanks to many calls, faxes and the support of some people made it the boss finally has, within 2 days of electricity in our house - but the Baustromkasten is now gone.

Further planning
In the next few days (of course only if it allows the screed), we take our tilers. We want him to be "surprised" with our desires and our previous plans and hope in one way or another idea on his part.
After our construction manager has given us an updated construction schedule is available, we know it now: In early April to take place, the completion and handover to us.

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liability of the expert in court proceedings

Who shall be liable as an expert witness a false report. Formed the principal of a private report issued by an inaccurate damage assessment, the expert is asked to reimburse required. The private expert is liable in the contractual agreement, he concludes with the award a contract for work and therefore the expert work also must be free of defects.

Bonds of the reviewers, however, when he was charged in a court case? Since the expert is asked not by party but by the court and pays the evaluators also to the judicial authority, there is no contract between a party and the verifiers. Nevertheless, the assessment, in principle, free of defects and correct. By court proceedings, the witness is accompanied by a lack of an opinion of the risk of damages from. According to § 839 a BGB of the court expert shall, in accordance with the principles of public liability for damages. While the private examination of the experts shall be liable as a court expert but only under specific conditions and at least gross negligence.

The Higher Regional Court (OLG) Frankfurt (Ref. 1 U 3611/09) had the occasion of a damages trial of a court expert in a ruling dated 21 May 2010 on this very strict requirements of § 839 a BGB out. Absolutely not enough after, from any negligent fault for liability. In the procedure of the reviewers had interpreted incorrectly DIN standards and report objectively false report. The Court of Appeal saw misinterpretation of DIN standards but not as grossly negligent and dismissed the complaint by the victim, despite the incorrect assessment from.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens & resentment from Oldenburg. The 44-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. Attorney grievance is also general counsel of the National Association of German Professional Drivers Association and North lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth Faculty of Engineering Sciences (www.ra-arens.de).

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Construction Law - liability without fee

It is very common that architects and engineers working either by themselves without fee or design contracts to subcontract, for which no compensation will be paid. Also be agreed upon among acquaintances smaller standard fees as a favor. Often from personal motives are supposedly awarded small contracts or requests, even without the agreement of a planning fee or inherited. Whether it is also accepted for errors of planning without fee liability, the subject of a series of court decisions.

In the Higher Regional Court (OLG) Karlsruhe (15 U 243/08) case decided an engineer to design a house installation was commissioned. The engineer was planning galvanized water pipes for the construction of a hotel after he had confirmed the suitability of a laboratory on request. Based on personal acquaintance, the laboratory had determined the engineer for the information no fee. After installation of the galvanized pipes there were signs of corrosion (pitting) and subsequently to significant remedial costs in five-figure sum. is taken as the engineer of the bad planning in claim this was also the laboratory to the high cost of the pitting damage involved.

OLG Karlsruhe ordered the lab to be replaced a part of the damage. The objection that the information was given without a fee, let the court do not apply. Who in the building at considerable economic significance in planning, executing and it was only in the form of technical information, is liable under the principles of factory contractual liability. Although the present case, the Court of Appeals saw a significant contributory negligence of the engineer, so that the laboratory is only part of the damages have to bear. However, the liability is normally in full and without the opportunity for a kindness to invoke.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens & resentment from Oldenburg. The 44-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. Attorney grievance is also general counsel of the National Association of German Professional Drivers Association and North lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth, Faculty of Engineering (www.ra-arens.de).

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statute of limitations on construction and engineering services

defects of construction or planning services result in warranty claims. This warranty claims are subject to limitation. If the claim is too late or not made in court, he is no longer enforceable.

The limitation period is three years. The Construction Law of the Law requires, however, different deadlines. Services in the construction sector limitation period of five years for other building work services without regard the deadline is only two years. The five-year period applies to § 634 a point 2 BGB for buildings and also guided by planning and / or monitoring services. The limitation period begins on the day of approval. After five years, the planner from liability and any claim for damages can not be enforced.

whether the shorter or longer period is to be decided depending on the reference to a building. Work of a surveyor, although structure-related, however, the Higher Regional Court (OLG) Cologne adopted a ruling From 20.01.2010 (11 U 3710) only a two-year statute of limitations. The client had defects in the survey said the engineer of court and taken only after more than two years to complete. Both the district court of first instance and the Court of Appeals have rejected the application because of the lapse.

The appellate court did the work on estimating the distribution network of the surveyor as not to work on a structure. They were not for the production of structure self-serving, especially the functioning of the lines depends on the property not of the - perhaps faulty - from performance of the engineer, but any deficiencies were so alone in the drawing and surveying, and had not in the building itself embodies.

not only the duration but also the beginning and end of the limitation of warranty rights are set out in contracts for work differently. It should be noted that the statute of limitations does not begin until the end of the year, as the limitation period, but already on Abnahmetag date and accurate expire after two or five years.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens And resentment from Oldenburg. The 44-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. Attorney grievance is also general counsel of the National Association of German Professional Drivers Association and North lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth, Faculty of Engineering (www.ra-arens.de).

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advance payment obligation of the craftsman - cash only free from defects

money for goods - that takes place usually the exchange of services with the purchase. These statutory Processing train to train looks at the work contract is completely different. Here, the law provides a wholesale service obligation of the contractor or craftsman. Here we have: with the complete craft performance, it is the agreed remuneration.

Often the input my duty of craftsmen with their view after complete performance of the work will also automatically pay due. But this only applies if the building or the craft performance is faultless and removed.

With the decrease in performance is due compensation for work, begins the defects liability limitation and now the owner / principal for evidentiary burden of any defects. But what happens if they are already under construction prior to acceptance and shortcomings of the craftsmen not this fixed.

In such a case, the district court of Oldenburg had to deal with. The house owner had a craftsman responsible in particular for the creation and installation of marble stairs in their owner-occupied house. During installation, the building owner were concerns about the attachment of the stairs. This concern was confirmed by a witness turned on by it, not however eliminated the shortcomings of the craftsmen. On the contrary, this approval has not called for now despite the compensation for work and said he would do do no more, as long as he do not get paid. The building owner sued for an advance of corrective and payment of their out of court experts' fees incurred.

The Regional Court Oldenburg (ref. 5 O 327/09) was the owner's rights. Even without removing the client can make its warranty claim. Therefore, the artisans here also owe the costs incurred for the removal of the deficiencies of the stairs. Emphasized, the district court pointed out that the entrepreneur or artisan is obliged to perform and he, therefore, the implementation of the required remedial measures not subject to the payment of his bill could make. The costs of the assessment was replaced the building owner and the court saw this as necessary expenses that were part of the preparation of remedy and rectify any errors. Costs for the investigation of a defect and for finding a solution among the necessary expenses of the necessary remedial measures and are therefore be replaced.

The author of this paper is a lawyer resentment Oliver, partner at the law firm Arens & resentment from Oldenburg. The 44-year-old lawyer is a specialist in construction law and architecture law and lawyer specializing in Rental and condominium law with other practice areas in contract and employment law. Attorney grievance is also a lecturer at the University of Jade, Fachhochschule Wilhelmshaven / Oldenburg / / Elsfleth, Faculty of Engineering (www.ra-arens.de).

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Solar lift Tenna

again Time is the project Solar lift Tenna a topic in the media. So at the 28th December 2010 NZZ Online. The great interest pleased again and again and will encourage us in doing our http://www.nzz.ch/nachrichten/wirtschaft/aktuell/bergbahnen_solarstrom_tenna_solarskilift_1.8822268.html

beginning of the year we had another receive financial commitment. Smooth 40,000 francs. This pleases huge! Soon, the documents for the construction data are ready. So the story continues in the new year, blow by blow ... And we hope for an enjoyable end to a great opening in December 2o11.

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sorcery and witchcraft reality

Once our surveyor has received the surprising information about the Innputz, he examined it. At least he wanted to. But Here the physics comes into play:

1. interior plaster is added to certain parts of water, at least during the processing
2. water has to freeze the property from 0 ° C

Since linger outside temperatures of recent weeks consistently below freezing, is the interior plaster frozen at least on the outside walls. If one puts this in perspective, the result is a beautiful picture - the sparkle and glitter Eiskritalle quite wonderful. But our
Surveyors found this not so pretty - he can not inspect the interior plaster concluded. Among others, there is the risk that the plaster is damaged.
What we have already seen that the flatness the interior plaster is an example of the best quality not necessarily. Although the design for the most part within tolerances, but still rather at the maximum allowable for the possible deviation from the "level". Already, some reworking is evident.
'll see what the final evaluation after thawing, hopefully results with intact interior plaster.