Der Werkvertrag Art. 363–379 OR

German, Bruno Pasquier, Patrick Schurtenberger, Pascal Rey, Roger Andres, Roger King, Carlo Peer, Nadja Schwery, Shirin Grünig, Christof Bergamin, 2024
Delivered between Wed, 21.5. and Tue, 27.5.
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The law of contracts for work (Art. 363-379 OR) holds significant importance in legal practice. This Bern commentary presents the relevant doctrine and case law in an easily understandable manner and sheds light on the various phases of contract execution. It addresses frequently asked questions regarding the concept of work, deadlines, remuneration, and the liability of the contracting parties.

The focus is on contract practice: The well-founded explanations of the individual provisions of statutory contract law highlight issues that can be avoided with careful contract drafting. The commentary offers possible solutions and points out common contractual clauses that deviate from the law. Particular attention is given to general terms and conditions known in the construction, planning, and IT sectors: the SIA Standard 118, the SIA performance and fee regulations for planners, and the SIK General Terms and Conditions for information technology and telecommunications.

The clearly structured commentary has been completely rewritten and explains not only contractual law topics but also procedural aspects that are of great importance in case of disputes.

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