Contract initiation

The negotiations between the principal and the architect usually begin with a contact initiated by one or the other. The on-going procedure is very individual and cannot be further described or defined here.

Negotiations are frequently conducted, contract articles, such as the type and scope of the architect services, the architect fee, deadlines and schedule as well as other agreements, such as standard clauses and copyright are discussed and worked out.

Occasionally, a concrete offer (tenders or bids) and an approval (acceptance) are exchanged, sometimes also only after the submission of a draft for an architecture contract and through the exchange of a countersigned contract draft version.

The Details:


  • OR 1 ff.
  • With the adoption and recognition of the content of
    • SIA standard 102 (order for services and fees of the architects)
    • SIA standard 103 (order for services and fees of the civil engineers)

Contract negotiations

  • Objectively essential contract article
  • Subjectively essential contract article
  • Contract articles, which are conditio sine qua non, in other words, the legal transaction won’t be not finalised without their acceptance

Compensation point

OR order

  • Relevance of the service topic and the legal nature of the performance object
    • Legal nature total contract
  • Application of mandate contract law
  • Application of work contract law

SIA order

  • Adoption of SIA order 102 or SIA order 103
  • Application of SIA order 102 or SIA order 103

Initiation under submission law

  • Compliance with procurement law
  • Application of administration law or private law via planner contracts?

Initiation using a studies mandate

  • Studies mandate

Initiation using an architecture competition

  • Architecture competition

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