Real estate and construction law
A service offered by the lawyers at Espace Legal avocats & solutions
Contracts
Duties and Obligations of the Parties
Contracts play a central role in the execution of real estate and construction projects. They govern the relationships between the project owner and specialised professionals - such as architects, engineers, surveyors, or construction managers - and precisely define the scope of services, technical and financial responsibilities, as well as the method of remuneration (lump sum, hourly rate, etc.).
These contracts must meet high standards of clarity and coordination to prevent later disputes, particularly concerning delays, planning defects, or cost overruns. They often form part of a broader contractual structure, alongside the construction contract concluded with the main contractor or subcontractors.
In large-scale projects, it is common for several companies or mandataries to form consortia, temporary joint ventures, or professional associations in order to pool their resources and expertise. These contractual structures require joint governance, a clear allocation of tasks, and well-defined cross-responsibilities.
We assist you in negotiating, drafting, and legally securing these complex contracts, ensuring compliance with applicable standards and proper coordination among all parties involved in the project.
The Construction Site
SIA Standards and Construction Guarantees
SIA standards (Swiss Society of Engineers and Architects) set the recognised rules of practice in the Swiss construction sector, covering technical, contractual, and legal aspects. They provide an essential basis for cooperation among all parties involved in a construction project. Construction guarantees, for their part, ensure the quality and durability of works, thereby protecting project owners against potential defects or poor workmanship.
A construction site can give rise to numerous difficulties: delays in execution, construction defects, unjustified interruptions, or incomplete performance. For both the project owner and the contractor, such situations create uncertainty, financial tension, and legal risk.
When difficulties arise, several mechanisms are available, such as formal notice, suspension of payments, defect notifications, securing evidence (proof in advance), substitute performance, legal mortgage of artisans and contractors, or even termination of the contract. It is essential to act methodically and to comply with the formalities and deadlines set by the law or contract.
When SIA standards - particularly SIA 118 - are incorporated into the contract, they govern the relationship between the parties, notably regarding deadlines, acceptance of the works, and defects. Otherwise, the general rules of the Code of Obligations apply (Art. 363 et seq. CO).
If you are a contractor, we also handle the filing of a statutory mortgage for tradesman and contractors (Art. 837 et seq. CC) to secure your claims in case of unpaid invoices. This powerful mechanism protects your work and ensures your right to compensation. Filing such a mortgage requires strict compliance with formal requirements.
We support you in the legal management of construction projects, defending your interests with rigour and consistency.
Tender Procedures
How They Work
Tender procedures are a strategic phase in any real estate or construction project. They allow the public or private project owner to invite competing bids from candidate companies based on predefined criteria: technical expertise, price, deadlines, guarantees, references, and compliance with plans.
This process aims to ensure transparency, efficiency, and cost control, while enabling an informed selection of contractual partners. In the field of public procurement, tender procedures are subject to specific rules imposing formal steps, strict deadlines, and available avenues of appeal.
Once the contract is awarded, the construction agreement formalises the reciprocal obligations of the parties: execution in accordance with the plans, respect of deadlines, payment conditions, penalties, and guarantees. In Switzerland, SIA 118 is a widely recognised standard for governing contractual relationships, particularly concerning deadlines, defects, claims, and acceptance of the works. Our approach combines legal expertise, practical field knowledge, and responsiveness, ensuring secure and effective management of your construction projects.
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Frequently asked questions
To answer frequently asked questions about real estate and construction law in Switzerland, we have drawn up these frequently asked questions (FAQs). It aims to clarify the essential aspects relating to invitations to tender, construction and agency contracts, professional associations, SIA standards and construction guarantees.