Contractual matters for construction projects

The architect’s contract

Regarding the architect’s contract, which regulates the rights and obligations of the constructor, there is no specific, mandatory form. It is not only necessary, however, to conclude a written contract, but also, in this respect, to use the standard contract of the Swiss Society of Engineers and Architects (SIA), which is based on the SIA 1002 form and the SIA102 regulations. This standard contract is an amalgamation of the simple contract and a contract for work.

As architects work in the context of a contract, the constructor owes the architect a fee once the architect has provided a service. Therefore the architect provides no pro bono services and must instead be remunerated from his first drawings onwards. Only the offer of a fee carries no cost.

The contract of works

The contract of works for the building project is concluded between the constructor and the individual contractors. Essentially, there is no set form for this contract, but we still recommend that the same SIA 1023 form be used and always declare the SIA 118 standard as its basis or an integral part. As, in the absence of such a declaration, this standard essentially does not come into use.

The general and full service contractor agreements

The general and full service contractor agreements are both contracts of works.
The general contractor assumes, on grounds of a project transferred from the constructor, the entire implementation of a building project. Instead of the works being awarded to multiple contractors, only one contract of works is agreed with the general contractor.
The full service contractor is a general contractor, who additionally delivers the planning activities for the property ordered by the constructor.

We are please to provide you with advice
We will show you the advantages and disadvantages of the various approaches and help you with the drawing up of contracts. Enabling your construction project to rest on firm foundations from the start.