Architects: Reimbursement of Fees to the Client
An individual hires an architectural firm to serve as project manager for the renovation of his private residence.
A few months later, the company terminated the contract. The individual then requested a refund of the amounts he had paid as an advance on fees. In support of his claim, he argues that the contract must be considered to have been entered into subject to the condition precedent of obtaining a mortgage. However, since this condition had not been met as of the date the contract was terminated, the contract is deemed never to have existed.
He will ultimately prevail. Upon reviewing the case, the Court of Cassation ruled that if the condition precedent—with no fixed deadline—regarding the project owner’s obtaining a mortgage has not been fulfilled as of the date of the contract’s termination, the project manager must return the fees received to the project owner.
