Work contract — if the success is due
What is a work contract? - The definition
The Work contract Is a legal agreement between a client and one contractors. The latter undertakes to create, refine or repair a specific work, while the client receives compensation for the result (the so-called factory wage) pays. Examples include building renovation or the preparation of an expert opinion. The Swiss Code of Obligations (OR) from Art. 363 regulates the work contract and regards it as fulfilled if the delivered work meets the contractually agreed conditions. If the work proves to be defective, the client can assert warranty claims.
Obligations of contractors and clients
- contractors: The entrepreneur or craftsman is responsible for complete production of the work responsible. The hours worked are irrelevant — that counts Work result. The contractor acts independently, provides the necessary tools and materials and bears the risk of inadequate performance.
- client: If the work is free of defects, the customer must accept and pay for the service (Art. 372 OR). Do the contracting parties have a fixed price agreed, this is also due if the entrepreneur's expenses exceed the calculation. Alternatively, the costs may according to expenditure be calculated.
Acceptance and liability for defects
Die Acceptance is done either expressly by the client or tacitly if there is no review or comment on the work. Nevertheless, the entrepreneur remains liable for defects discovered later, in particular if they were deliberately concealed.
- Notification of defects: If the client discovers defects, he must report them immediately (Art. 370 OR). If he fails to do so, the defect is considered accepted. The limitation period for warranty rights is:
- 2 years for movable works upon acceptance,
- 5 years for works integrated into immovable works and all immovable works,
- 10 years for fraudulently concealed defects (Art. 210 OR).
Rights in the event of delays and budget overruns
- retarding: If it becomes obvious that the contractor is not completing the work on time, the client may resign, in particular in the event of a significant delay.
- Budget overrun: If the contractor exceeds the agreed budget through no fault of the client, he may Reduce compensation or the Stop working (Art. 375 OR).
Amendment and adjustment of a work contract
In order to make a change to the work contract, for example in the event of cost overruns or extended performance requirements, the Consent by both parties required. In the event of disputes, it is advisable to call in an expert to clarify the situation.
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