1547 Legal

We are new at this so please forgive any errors.
Can any one offer advice on legal representation - briefly, we entered into a contract with an architect as Director of Works in 2001 for a restoration project. We received the key in middle of 2003. A catalogue of problems ensued due to bad workmanship and lack of supervision which we have been endeavouring to correct at substantial expense. We withheld the last payment of a nominal amount to offset against expenses. In July 2005, we received via the architect's lawyer a revised Contract supposedly registered with the Council of Architects for substantially increased fees on the basis that we had not been charged according to the official scale. We are now threatened with an Injunction for Payment at Tribunal. Does anyone know if there is a basis in Italian Law for this action.

Category
Legal

Submitted by Anonymous (not verified) on Mon, 10/10/2005 - 03:11

Peter & Jan

I assume that your Architect provided you with the following document:

INCARICO PER PRESTAZIONI PROFESSIONALI DELL’ARCHITETTO PER OPERE DI EDILIZIA E DI ARREDAMENTO

This spells out all the services to be provided as well as the fees charged. Moreover, this document should also contain a clause that covers the procedure in the event of a dispute:

DISPUTE RESOLUTION. In the event of dispute between the client and professional architect with regards to any issue concerning fees and the professional Tariff, either party is entitled to submit the issue to the Consiglio dell’ordine degli Architetti of XYZ for arbitration as per article 5, para 3, Legislation No. 1395 dated 24.06.1923.

Did your contract contain a Clausola Penale to cover breach of contract?

Ask your architect to provide you with unequivocal proof (not just a copy of the new contract) that his fees had not been charged according to the official scale and ask him why this was done without your prior agreement.

I have sent you a pm re this matter.

Submitted by Anonymous (not verified) on Mon, 10/10/2005 - 06:04

[QUOTE=Peter and Jan]We are new at this so please forgive any errors.
Can any one offer advice on legal representation - briefly, we entered into a contract with an architect as Director of Works in 2001 for a restoration project. We received the key in middle of 2003. A catalogue of problems ensued due to bad workmanship and lack of supervision which we have been endeavouring to correct at substantial expense. We withheld the last payment of a nominal amount to offset against expenses. In July 2005, we received via the architect's lawyer a revised Contract supposedly registered with the Council of Architects for substantially increased fees on the basis that we had not been charged according to the official scale. We are now threatened with an Injunction for Payment at Tribunal. Does anyone know if there is a basis in Italian Law for this action.[/QUOTE]

You need to take contact AS SOON AS POSSIBLE with an italian lawyer.
If there is an Injunction for Payment (decreto ingiuntivo) and you do not take legal action against it before the Tribunal (within 40 days from the notification of the injunction), you have no more possibilities to contest the injunction and you simply MUST pay it.