Construction and Works Contract Law

Public Construction Law: Permits, Objections, Appeals

Whether a project is admissible is decided by federal and cantonal law: the Spatial Planning Act requires a permit for buildings and installations (Art. 22) and distinguishes between building zones and non-building zones, where construction is allowed only exceptionally (Art. 24). The details — boundary distances, plot ratios, building heights, design — are set out in cantonal building and planning acts and in municipal building regulations. In our catchment area these are St. Gallen, Appenzell Ausserrhoden, Thurgau or Zurich, with noticeably different rules.

We review a building application for its prospects before it is filed, draft objections for affected neighbours, and pursue appeals where a decision does not hold — up to the administrative court and, where appropriate, the Federal Supreme Court.

Works Contracts, SIA Standard 118 and Planning Agreements

Under private law, building starts with contracts: the works contract (Art. 363 et seq. Swiss Code of Obligations), the architect and engineer agreement, the general or total contractor agreement. What matters is the scope of works, the remuneration model, deadlines and liability. Where SIA standard 118 is adopted, acceptance and time limits change considerably. We review drafts before signature and raise the points that count in a dispute.

Defects and the Contractor's Lien

If the work does not correspond to what was agreed, rectification, price reduction or rescission are available (Art. 368 Swiss Code of Obligations). The duties to inspect and notify are decisive: notify too late and you lose your rights. On the other side, the contractor's lien secures the claim for remuneration; the four-month registration period under Art. 839 Swiss Civil Code is a forfeiture deadline and tolerates no delay. We act in both roles — for owners and for contractors.

Neighbour Law and Nuisance

Building works create noise, dust and vibration; finished buildings take away light and views. Neighbour law requires excessive effects to be refrained from (Art. 684 Swiss Civil Code); the Environmental Protection Act and the Noise Abatement Ordinance apply alongside. We clarify what must be tolerated and what can be resisted, and look for a negotiated solution first.

Construction Law in Eastern Switzerland

We support owners, architectural practices, trade businesses and property owners from our offices in Wil SG, Teufen AR and Zurich — from preliminary clarification through notarisation of the property transaction to litigation.