I. Private Building Law – Liability of the architect -:
No joint and several liability without a causal contribution
– Implementation planning deviating from approval
planning
In its ruling of September 30, 2013 (7 U 32/13) the OLG Cologne
has found that an incorrect approval planning does not have a
relevant impact on the implementation planning.
The client commissioned architect A with the approval planning
for, amongst other things, an underground car park, a further
architect B with the implementation planning and a general
contractor C with the turnkey construction.
Incorrect approval planning
In the context of independent proceedings for the taking of
evidence initiated by the client it became clear that according to
the expert the approval planning was incorrect, because the
tractrix curve as well as the ramp of the underground car park did
not comply with the Car Park Ordinance of North-Rhine Westphalia
(GarVO-NW). The approval planning intended a
