Construction and real estate law

Construction Law and construction litigation

Private Construction Law governs the legal relations between private law parties to a construction projects, in other words, the client (builder-owner), on the one hand, and the other parties involved, e.g. architects, civil engineers, building contractors and all sub-contractors and craftspeople, or the legal relations between them, on the other hand. Our services range from the drafting of the contract before the constructions works commence (calls for tenders, offers, award of contracts) to legal assistance in the course of the construction works (disruptions of the construction works, delays, early termination) and the end of the works (completion of construction works, notices, transfer); they also extend to the statement of costs including securities and issues relating to warranties and claims for compensation in the final instance. Private Construction Law also governs relations with adjacent property owners. Especially this legal subject-matter requires, in addition to the obvious legal experience, also thorough knowledge of the technical and practical construction processes.

Construction and architecture contracts

Very often construction disputes do not arise out of the execution of the works but are a result of unclear terms of the construction agreement. The reason is that often model contracts and technical or legal preliminary remarks are used without adapting them to each other or to the specific project.

We are at your service for drafting or reviewing all contractual matters in connection with your construction project.

Public Construction Law

Public Construction Law comprises essentially the legal provisions that serve to ensure the safety and fault-free quality of buildings from a technical, sanitary and hygienic perspective. In addition, the requirements resulting from regional planning, protection of historically developed urban landscapes, historical city centres and statutory provisions relating to adjoining properties apply. Building regulations fall within the scope of competence of the Provinces. These typically govern issues relating to building land, in other words, where and what may be built (land destination plan, land use plan, etc.). Building regulations contain provisions on the type of building, the height of buildings, density of land development, building alignment and the external design of the buildings. Moreover, the building regulations stipulate the obligations and contributions of owners of plots of developed land owed to the municipalities (transfer or land, development costs, tourism contributions, etc.). Building regulations also contain requirements for the type of construction project. These are provisions about technical construction rules and the monitoring of the construction execution. The building inspection department deals with issues relating to the monitoring of the progress of the constructions works, maintenance obligations (e.g. maintenance assignment), the evacuation and demolition of buildings.