Contract termination or conclusion

The fulfilment of the contract without errors or defects is the unproblematic way a contract is ended.

With a premature ending of the contract an ideological dispute arises once again about whether mandate contract law or work contract law is applicable. The economic consequences could not be more different. For services or partial services, where contract law applies, the commissioned architect (planner) bears the entrepreneurial risk that the principal can terminate the contract at any time (OR 404 paragraph 1) and the commissioned party must only be held harmless in the case of an untimely contract cancellation (OR 404 paragraph 2). In contrast to this, the principal can only withdraw work-contract related services or partial services from the contract when he holds the architect (planner) fully harmless (OR 377).

Print / Share: