Acceptance of the architect’s services through the payment of the final invoice
> February 2015

The Federal Court of Justice has dismissed a non-admission complaint against a ruling by Dresden Higher Regional Court in which the said court considered the full payment of a final invoice by an architect to be an acceptance due to the corresponding behaviour by the client. In a case which concerned defective moisture proofing of the foundation slab and of the rising walls against pressing water, the regional court refused claims to compensation from the architects in charge of construction. The client had sued these together with the building contractor. In the grounds for the judgement, the regional court explained that the payment of the final invoice of an architect without any reservation constitutes acceptance of the architect’s work as a service in line with the contract. Further reasons were not given. This opinion was confirmed by the higher regional court, which refused this appeal.

This ruling confirms the trend towards a loosening of the requirements for implied acceptance of an architect’s work observed in jurisdiction.

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