If the principal gives instructions to the architect (planner), a distinction is called for:
- Architect (planner) must fundamentally heed the builder instructions.
Inexpedient or improper instructions of the principal
- Architect (planner) must check whether the principal’s instructions can be implemented responsibly with in accordanc with the objective of the order, the structure and safety requirements and other factors.
Warning notice requirement
- Because of his expertise, the architect (planner) must point out inexpedient dilation to the principal (warning)
- Faithful and careful execution > explanation
- If the execution of the order can be postponed, the instruction from the principal must be awaited (OR 397)
- If the principal persists in the implementation of his instructions, the architect (planner) has two options:
- Follow the instruction
- Early contract termination
Damages as a result of instructions
- If and in so far as the architect (planner) has warned that the instruction is inexpedient, he is not liable for any damages resulting from it.