Partial Contract

The current doctrine and jurisdiction differentiates between the individual planner services in the following contract types:

  • Pure planning contract
    • = contract on planner services in the strict sense
  • Contract for drawing up a cost estimate
  • Award contract
    • = contract on the awarding of work
  • Construction management contract
  • Overall contract
  • Expert contract

If the architect or planner is only assigned individual or partial work, the legal consequences differ depending on the type and object of the services. It has to do with the application of mandate contract law or work contract law:

Applicability of the Mandate Contract Rules

Mandate Contract law (OR 394 ff.) applies according to doctrine and jurisdiction for the following activities:

  • Consulting
  • Awarding
  • Construction management

Applicability of the Work Contract Rules

The prevailing doctrine and jurisdiction assumes a work contract nature (OR 363 ff.) for the following work:

  • Creating the construction plan drawings (planning contract in the strict sense)
  • Working out written cost estimates
  • Expert opinion on construction

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