Architectural Duties: The Execution Plan – Precise Planning of Spiral Staircase is Essential

The execution plan must contain all necessary details for implementation. A recent ruling reiterates the importance for architects to correctly and clearly specify the clear passage height of a spiral staircase in the execution plan.

Liability of the Architect in Focus

Architects have extensive responsibilities, and one of their primary duties is precise and comprehensive execution planning. They face liability in case of contractual or other obligations breach. Especially in service phases 1 to 5, planning errors can have severe consequences.

To avoid liability, particularly in phase 5, complete execution planning must be ensured.

A Lesson to Learn: A Case Example

According to a judgment from the Higher Regional Court of Düsseldorf (Judgement of 01.07.2022 – 22 U 67/21), an architect was commissioned to plan several townhouses. During their construction, it became apparent that the clear passage width of the spiral staircases, among other things, did not comply even in the raw construction stage.

The client filed a claim for damages against the architect, who defended himself by stating that he did not need to plan the clear passage heights and referred to the formwork and reinforcement plans and the executing company.

However, the OLG Düsseldorf clearly rejected the planner’s argumentation and ruled in favor of the client. The court clearly stated that, within the framework of the execution planning, an architect must ensure through proper and sufficiently detailed planning that the building erected according to his plans complies with public law regulations. This includes planning the clear passage height of a spiral staircase.

The architect cannot rely on the engineers or the construction company to ensure compliance with public-law requirements.

An Important Note

In the course of the proceedings, the architect claimed that the client was partly to blame, as the defect was only discovered after the staircase had been constructed in several townhouses. The OLG Düsseldorf also rejected the architect on this point. It emphasized that the client has no obligation to the planning architect to quickly uncover planning errors by checking parts of the building for compliance with public law regulations immediately after their construction.