An architect commissioned for phases 5-8 must verify the availability of the necessary building and monument protection demolition permits.

The architect is liable for the violation of contractual or other obligations.

If there are other participants besides the architect who are responsible for damages, the liability of each individual is determined based on the obligations imposed on them in relation to others.

To distinguish the duties of an architect and an architectural designer.

(according to OLG Koblenz, – 6 U 1906/19, decision of the Federal Court of Justice dated January 18, 2023 – VII ZR 199/21 – application for leave to appeal dismissed) A condominium owners’ association (WEG) resides in a listed building. In 2006, one of the co-owners commissioned a planner to obtain an amendment permit for a building permit granted in 2002 for the expansion of their attic. The amendment permit was granted in the same year, but the implementation did not take place. In early October 2010, the WEG commissioned the planner for phases 5-8 for the demolition and reconstruction of the attic. Demolition began in mid-October 2010, but three weeks later, the building supervisory authority halted the construction project. After unsuccessful attempts by the planner to obtain a permit for the planned demolition and reconstruction, the WEG terminated the contract with immediate effect and demanded a refund of the payments made.

The OLG Koblenz ruled that the planner must refund the payments. The WEG was justified in terminating the contract with immediate effect. The trust between the parties was so severely disrupted that an immediate termination of the contract appeared justified. A planner who is only commissioned for phases 5-8 is obligated to verify the availability of the necessary demolition and permits for the intended project. In the course of this verification, the planner should have determined that the permits issued in 2002 and 2006 did not cover the extent of the planned demolition and reconstruction.

Note: Planners who are only commissioned for subsequent phases have an obligation to verify the work performed before them. The extent of these obligations depends on the specific circumstances (according to the judgment of OLG Hamm dated November 22, 1990, for example, a supervising architect is not obligated to verify whether a plan prepared by another architect complies with the requirements of an underlying expert opinion). It is undisputed that every planner managing a construction project must verify in advance whether the construction is legally permissible.

#Liability / #other participants / #architect and architectural designer liability #Phases 8-9 / #other contractual obligations #Contract / #premature contract termination / #termination with or without just cause by the client