DiKE Der "unverbindliche" Kostenvoranschlag beim Werkvertrag

In practice, the creation of a cost estimate regularly forms an essential prerequisite for the establishment of a work contract. This is because the cost estimate allows the parties to gain an overview of the anticipated costs of the work in advance. But what happens if the work becomes more expensive or the contractor demands more than what was provided for in the cost estimate? This question is addressed in the present work for the legally regulated case in which a 'rough cost estimate' was 'agreed upon' with the contractor in the sense of Article 375 of the Swiss Code of Obligations (OR). In practical terminology, this case is also referred to as a 'non-binding' cost estimate, as the parties leave the question of remuneration open at the conclusion of the contract and consider the cost estimate merely as a guideline for the amount of remuneration until the actual costs of the work are determined. The first part of the work develops the foundations for the interpretation of the law. Building on this interpretative framework, the second part addresses the individual elements of the legal requirements, and the third part discusses the legal consequences of Article 375 OR and their enforcement. The fourth part provides insights into the cost information and liability obligations of the contractor that are not specifically regulated in the law in connection with the 'agreement of a rough cost estimate.' The conclusion summarizes the essential findings of the work.