ARCHITECTURE CONTRACT

With the architecture contract (also called an architect contract) the self-employed architect or architecture firm (regardless of legal form) promises the principal the provision of architecture services.

The object of the architecture contract are consulting, planning, project planning, coordination and supervision in conjunction with the erection of a building structure. The emphasis of the architects in the areas of planning and project planning is usually in the aesthetic-design area compared to the more technical-functional tasks of the civil engineer.

If the architect performs only individual partial services within the framework of a construction project, there are legal assignment differentiations:

  • Services, which can be assigned a work contractual nature (OR 363 ff.):
    • Production limited to construction plans (planning contract)
    • Production of a written cost estimate
    • Working of an expert opinion
  • Services, which can be assigned a contract law nature (OR 394 ff.):
    • Consulting (consulting contract)
    • Awarding construction work
    • Construction management (construction management contract)

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