Complexity in Invoice Review: Is the Architect Exempted from Liability?

Case Study: In a case addressed by the Cologne Higher Regional Court (judgment of 16.04.2021 – 19 U 56/20; Federal Court of Justice, decision of 15.03.2023, VII ZR 449/21), the situation of a building owner was examined, who claimed overpayment to a construction contractor after the architect’s review of progress invoices. The building owner alleged that the adjustment of unit prices was incorrect and also criticized the choice and processing of building materials by the contractor. Despite the raised complaints, the court dismissed the claims for damages against the architect.

Legal Assessment: The court stated that a breach of due care by the architect in the review of progress invoices is not indicated solely by a possible overpayment in the final invoice review. Furthermore, it was clarified that during invoice reviews, there is a distinction between quantity deviations and execution deviations, which are of a legal nature and may require a corresponding interpretation of the contract.

Conclusion: The decision of the Cologne Higher Regional Court emphasizes that architects cannot be expected to grasp all the legal nuances in the process of invoice review. However, if a legal question appears too complex, it is advisable for the architect to notify the building owner so that they may seek advice if necessary. Such a duty to notify particularly exists if the building owner lacks the necessary legal expertise (see OLG Stuttgart, judgment of 12.10.2006).

This legal viewpoint acknowledges that architects are primarily responsible for the technical, rather than the legal component of their professional field, thus protecting architects from excessive expectations regarding legal advice in the context of construction project supervision.