An architect and his client can freely negotiate the architect contract
Within the private building law, the rights and obligations of a commissioned architect are formulated in the so-called architect’s law. Here you can find all the rules and regulations that are relevant for an architect and his client with regard to the respective job. As a rule, a commissioned architect primarily provides explicit planning services, but can also be commissioned with construction supervision, construction supervision and construction management.
The architecture contract is basically freely negotiable. In most cases, this is a contract for work, only the technical and economic support, the agreed services are recorded in a service contract. When concluding an architect’s contract on the basis of a service contract, the architect does not have to pay any further attention to the procurement and contract regulations for construction services, since this does not apply to a contract of this kind. However, it is generally advisable to consult a lawyer in order to formulate an architect’s contract with legal certainty and to assert or enforce later claims due to defects or, for example, non-fulfillment of contractual objects.
But not only an architect is in demand when building real estate, often a building supervisor commissioned by the respective client is also used. As a rule, however, the building supervisor does not provide any of his own construction work. Instead, he is preferably entrusted with the preparation and implementation or implementation of the corresponding construction measures. In terms of content, a distinction is made between economic and technical construction support.