Claim for damages based on incorrect estimation of feasibility of builder owner's wishes
> September 2014
The Higher Regional Court Hamm had to deal with the question whether a builder owner may claim damages from the commissioned architect if he incorrectly estimates that the wishes of the builder owner cannot be realised and, as a result of this, he agrees to a different planning.
The builder owner commissioned an architect to build a new house with a garage. For this purpose, he handed him a sketch showing his expectations and ideas regarding the access road to the house and the garage. When checking their feasibility, the architect came to the conclusion that the wishes could not be realised. As a matter of fact, they could have been implemented in a modified form. As a result, the builder owner gave up his fixed notions and consented to the revised planning. This planning, in turn, was not free from mistakes.The Court awarded damages to the builder owner. It is the duty of the architect to check whether the drafted wishes of the builder owner can be fulfilled and to realise them as far as possible. If an architect incorrectly comes to the conclusion that the wishes cannot be realised when checking their feasibility, he is still responsible if the builder owner has given up his wishes – inevitably from his point of view – due to the incorrect estimation.