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Checking the designer's cost estimate

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By , construction economist

Information verified on 7 min read

What you will learn Which cost determinations the designer owes under Annex 10 HOAI in which work phase, the four questions the client puts to every figure, why approval should be a written decision, and which articles in this branch go deeper into each situation.

The Bauherr (the client) does not have to redo the architect's cost determination. The client has to check it and approve it, at every stage at which the HOAI provides for a comparison with the previous figure. A client who only looks at costs when tenders come in is checking at a point when the design can hardly be changed any more. This branch of the guide to the client's construction budget describes what the client does with the designer's figures.

What the designer owes in each work phase

Annex 10 of the HOAI (Honorarordnung für Architekten und Ingenieure, the fee regulations for architects and engineers) sets out, for buildings and interiors, the points at which costs are determined and compared. Each of these Grundleistungen (basic services) is also a checkpoint for the client. Quotations from the HOAI and the BGB in this article are unofficial translations.

Work phase Basic service on cost (Annex 10 HOAI) What the client does with it
LPH 1 none; the economic feasibility study is a Besondere Leistung (additional service) state the budget in writing
LPH 2 g) "cost estimate under DIN 276, comparison with the financial parameters" check whether the estimate fits the budget
LPH 3 e) "cost calculation under DIN 276 and comparison with the cost estimate" have variances explained, then approve or change course
LPH 6 d) costs based on priced bills of quantities; e) cost control by comparison with the cost calculation decide before the tender documents are sent out
LPH 7 g) "comparing the tender results with the bills of quantities priced by the designer or with the cost calculation" decide on award, negotiation or cancellation
LPH 8 i) cost control of the contractors' invoicing against the contract prices; j) final cost statement have the forecast kept up to date

The first figure often appears before any basic service. As long as essential design and supervision objectives have not been agreed, section 650p(2) of the BGB (Bürgerliches Gesetzbuch, the German Civil Code) requires a planning basis with a "cost assessment for the project" for the approval of the Besteller (the client, in the wording of the BGB). This Kosteneinschätzung (cost assessment) is neither a stage of DIN 276 nor a basic service under the HOAI, which contains no cost service in LPH (Leistungsphase, work phase) 1. How the stages of cost determination build on each other as a method is explained in the article on the stages of cost determination under DIN 276; the content of the first phases is covered in the article on work phases 1 to 3.

The client's four questions

A cost determination can only be compared with the budget if both measure the same thing. The client therefore puts the same four questions to every new figure before discussing the amount:

  • Same scope: Which Kostengruppen (cost groups) are included, and is the figure gross or net? A cost calculation without external works is not cheaper than a cost estimate with external works; it is simply smaller.
  • Same price base: To which date do the prices refer? A budget from the spring and a cost calculation from the autumn already differ because of the time between them.
  • Same quantity base: Which floor areas, which level of design detail and which stage of work underlie the figure? If the reference area has changed, that must be visible.
  • Variances explained: Every change against the previous determination should be assigned to a cause: programme, standard, quantity or price. A variance without a cause is not a result but an open question. The technique of this comparison is described in the article on the target-actual comparison of cost estimates.

Approving means deciding

Approving a cost determination is a decision by the client, not an acknowledgement. The approval should record in writing which version was checked, which price base applies, which variances are accepted and which requirements apply to the next phase.

According to BGH case law, the architect must clear up doubts about the scope of the cost framework (judgment of 21.03.2013, VII ZR 230/11, according to a published summary). The client makes this easier by restating the budget, with its scope and price base, at every approval. Without a written trail, it is hard to show later which cost expectation applied at which point.

Approval is also the moment for requested changes. Whatever the client changes in the programme after an approval alters the basis of the next determination and may affect the fee. Every programme change, with its date, therefore belongs in the same document.

The articles in this branch

This article reflects the state of the rules and of case law at the date of checking and is intended for professional guidance. It does not replace legal advice or an examination of the individual case.

Frequently asked questions

Annex 10 HOAI contains no basic service on cost in LPH 1. Independently of that, section 650p(2) BGB requires a cost assessment as long as essential design objectives have not yet been agreed.

The basis: scope in cost groups, gross or net, price base and quantity base. Only when these match does a comparison of the amounts mean anything.

It documents the figure on which further design is built. Later changes should therefore be recorded against this version, with date and cause.

Before an approval under section 650p(2) BGB, before the cost calculation is approved and before the tender documents are sent out. At these points the design can still be changed with reasonable effort.

Explore the articles in this guide

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