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5 - Contract for Work and Services
from Part III - Service Contracts
Christoph Müller, Université de Neuchâtel, Switzerland
Book:

Swiss Contract Law in International Commercial Arbitration

Published online:

27 July 2023

Print publication:

10 August 2023, pp 275-429
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Summary

This chapter examines the contract for work and services which is governed by Articles 363–379 of the Swiss Code of Obligations. This chapter commences with the sources of this contract, its characteristic elements, its delimitations with other contracts as well as the diverse forms of this contract. This chapter then moves on to discuss the formation of the contract for work and services before discussing in detail the obligations of the contractor, namely the obligation to carry out and deliver the agreed work and the duty of diligent performance and other ancillary obligations, the contractor’s non-fulfilment of these obligations as well as the client’s obligation to pay the price. In this context, the contractor’s warranty of conformity is analysed in detail. Finally, this chapter explores the end of the contract for work and services either due to the client’s right to withdraw or subsequent impossibility.