The commissioned architect (planner) has the following obligations:
Faithful performance
- Basis
- Protection of the principal’s interests to the best of his abilities
- Omission of that, which could damage the principal
- Application of trade and professional ethics (for example, SIA)
- No acceptance of retrocessions (“architect discount”) for the awarding of the contract and not giving these to the builder
Information obligation / consulting obligation
- Information obligation with regard to the risks and consequences of his work before and during the execution of the contract (fluid transition to consulting, if appropriate)
- Information obligation with regard to all relevant circumstances
- Obligation to provide information (without being asked) about events or incidents, which could give the principal reason to replan.
- Cost estimates
- On-going cost information
Diligent execution
- Basis
- Ensuring the quality of the architecture performance (planner performance)
- Competent contract execution without having to guarantee his efforts (different from the work contract, where success owed)
- Due care avoids architect liability
