Contractors (maîtres d’état or maîtres d’oeuvre), architects and engineers, as well as their clients (developers, or maîtres d’ouvrage) need to pay particular attention to construction law for both large and small projects.
For construction contracts (contrats d’entreprise), the Code of Obligations (CO) applies. This recognizes, under certain conditions, the rules established by experts in the field (SIA standards). The task of an attorney is to advise on the overall structure, to suggest rules for particular cases, to provide support during the execution of the contract, to coordinate compliance with the applicable laws and, if necessary, to arrange legal processes such as filing legal mortgages. The role of architects and engineers is governed by agency agreements.
From the developer’s side, whether a company or an individual, the issues are generally linked to construction defects and associated factors (declaration of defects and breaches, construction delays, compensation and damages). An expert assessment is often essential.
Avocats concernés :- Jean-Claude Perroud
- Michel Chavanne
- Xavier Rubli
- Luc Recordon
- Raphaël Mahaim