Contract change or amendment

The principle also applies for an architect (planner) contract that agreements must be kept (pacta sunt servanda):

Basic principle

No changes to the contract without the consent of both parties

  • Principal and architect (planner) must agree to a subsequent contract modification.
  • A signed change and amendment agreement is necessary when the validity is subject to a written form.

Reservations for unilateral contract change

OR contract

  • If and to the extent mandate contract law (OR) is applicable, the client’s (principal’s) revocation right creates the corresponding basis for contract changes, although a reduction in services may not be done in an untimely manner (OR 404).

SIA contract

  • SIA standard 118
    • Article 84 paragraph 1 foresees a unilateral amendment right (design right) for the scope of services under certain conditions.
  • SIA order 102 and SIA order 103
    • Both of these do not contain any SIA orders concerning the planner related to performance changes or design law.

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