In an earlier article, we dealt with the question of how far the supervisory duties of the architect supervising the construction extend in the area of so-called "work involving hazards" such as the sealing of a building. In this article, we would like to show, on the basis of the judgement of the Higher Regional Court of Hamm of 28 January 2021 (reference 21 U 68/14), how detailed the planning of an architect in the area of service phase 5 HOAI must be so that, in case of doubt, it is not defective and the architect does not become liable for planning errors.
An architect's working time is also tight. This is especially true for complex or elaborate building projects, where the planning often has to be revised and adapted several times under deadline pressure. Under this time and cost pressure, it seems understandable, at least at first glance, if the architect does not always work out his plans down to the smallest detail. However, if a defect subsequently occurs during the construction of the building, a dispute often arises as to whether the architect's planning was not detailed enough or whether the execution in question is a matter of course in terms of craftsmanship, which is part of the basic knowledge of the executing contractor and which the architect therefore did not have to specify to the contractor in detail in his plans.
In the above-mentioned decision, the Higher Regional Court of Hamm highlighted the requirements for the depth of planning within the scope of service phase 5 HOAI. According to the court, the architect is obliged to comprehensively depict the execution details for all trades in drawings. Important details in the execution of individual trades, such as moisture insulation and thermal insulation, must furthermore even be depicted in detail by the architect in a detailed plan - if necessary up to a scale of 1:1. The architect must also clarify the interfaces in the interlocking of different trades by providing precise information in his planning and, in addition, show in detail how material transitions and connections are to be solved and which contractor is to carry out which detailed work. The details must be precisely coordinated already in the planning stage. And even if different types of execution come into consideration, the planner must precisely specify the desired type of execution and must not leave the decision to the executing contractor in case of doubt.
According to the Higher Regional Court of Hamm, the architect does not have to describe in detail in his execution planning only everyday work that is part of the basic knowledge of the executing contractor. Instead, the necessary details can only be given to the contractor in the course of the subsequent on-site construction supervision. However, according to the court's explicit opinion, this only concerns services that are of less importance.
In practice, it is certainly difficult for the architect to decide which services can still be classified as "everyday craftsmanship" and therefore do not require detailed information in his planning and for which trades in-depth detailed planning is necessary. There is no binding specification of "everyday craftsmanship". The delimitation must be made in the individual case - with the help of an expert. One argument against the architect is that, for the OLG Hamm, an unsuccessful execution is an indication that the architect should have prepared a correspondingly detailed elaboration. It is therefore initially the planner's risk how detailed he prepares his planning.
For the architect, this means that, in case of doubt, he should always go into more detail in his planning. Even if this certainly means more work for him. If a dispute then arises with the client and/or the executing contractor due to a defect in the building, a precise legal examination and presentation of all circumstances of the individual case is necessary in order to successfully defend against a claim due to planning errors. We will be happy to assist you in this regard.
Düsseldorf, 12th of March 2021
Author Axel Kötteritzsch
