HOAI minimum rates apply to all contracts concluded before 2021!

In rulings dated June 2, 2022 (Ref. VII ZR 174/19, VII ZR 12/21 and VII ZR 229/19), the Federal Court of Justice (BGH) decided that the binding price law of the HOAI 2013 (and thus also the predecessor versions 2009 and 2002/1996) continues to apply between private parties.

Follow-up decision of the ECJ on minimum HOAI rates

In its judgment of 18 January 2022 (C-261/20), the ECJ ruled – to the surprise of many observers – that German courts are allowed to continue to apply the HOAI (Schedule of fees for architects and engineers) of the 2009 and 2013 versions of the HOAI, despite the fact that these are in breach of European law.