Architectural contract: How to avoid common legal mistakes
ResourcesguideConstruction and Real Estate LawArchitectural contract: How to avoid common legal ...
Construction and Real Estate Law 
7 min. Lesedauer
03. September 2025Collaboration with an architect is the heart of every construction project. Much is at stake, both in terms of time and money. Due to the freedom of contract in Switzerland, the architect and client can freely negotiate the services and fees. For this purpose, it is advisable to conclude a written architect’s contract. To avoid mistakes, it is crucial to be well informed about the architect’s responsibilities and the scope of the collaboration.
Why should you enter into an architect's contract?
Choosing an architect to carry out your construction project should not be taken lightly. It is crucial to do your research before making the choice. This professional will, alongside the master builder or general contractor, centrally manage your project.
Once you have selected your architect, it is recommended that you negotiate the services to be provided and the prices together. The results should be documented in a contract for mutual control and security. Although many construction projects are carried out without one and there is no legal requirement to conclude an architect’s contract, it is still highly recommended. Note that an architect can also enter into other types of contracts, such as general contractor contracts or work contracts.
The architect’s contract establishes the rights and obligations of both parties by detailing the services to be provided. The contract also covers modalities for resolving the most common problems that can arise during construction. After all, the primary purpose of a contract is to have written evidence and to settle potential disputes in advance.
What are the essential elements in an architect's contract?
In general, an architect’s contract should describe the rights and obligations of both parties as precisely and in as much detail as possible. In particular, the contract specifies the services to be provided by the architect, the corresponding fees, and the calculation of the fee. The architect’s contract must also stipulate deadlines for the provision of the services and the modalities for exceeding these deadlines. By describing the services and consideration as precisely as possible, the contract enables each party to understand their responsibilities and potential risks.
An architect’s services can range from the preliminary design to the completion of the project or relate only to certain phases. In any case, the architect’s contract must detail and precisely list the services to which the architect is committed. These services include the architect’s fees and ancillary costs.
The SIA model “Architectural Services Contract No. 1002” is typically used as the basis for architect’s contracts, which is based on SIA Standard 102 “Regulations for Services and Fees of Architects.” Key elements include:
- Contracting parties: Client and architect
- Contractual basis: Swiss Code of Obligations (OR) and SIA Standard 102
- Contract documents: Documents relating to the property, execution requirements, etc.
- Architect’s services: Preliminary design, project, preparation for execution, execution, completion
- Architect’s fee including additional costs
- Architect’s expertise
- Authority to represent
- Project deadlines
- Termination terms
- Liability and insurance
What should you consider when drafting an architect’s contract?
Drafting an architect’s contract is a difficult task that requires some knowledge of contract law. The contract should define the key points that could potentially lead to a dispute. Construction cost overruns, in particular, are often the subject of disputes. If this aspect is not addressed in the contract with the architect, you or the general contractor carrying out the work could incur significant additional costs.
When it comes to costs, the type of remuneration for the architect is also a crucial consideration. There are various models available. You can agree on a fixed price for all services, pay the architect a set hourly rate based on the time spent, or specify the fee as a percentage of the construction costs. You should also specify whether certain services will be billed separately. This is especially true for requests for changes after a fixed price has been determined.
It is recommended to conclude a written architectural contract right at the beginning of your collaboration with the architect. Even if the architect has already begun work on your project before signing a contract, you should not assume that these services were provided free of charge. To be clear about the costs involved and the respective responsibilities, it is therefore essential to have a written contract. This eliminates misunderstandings that can arise from verbal agreements or hypothetical assumptions.
Which standards and legal provisions apply to an architect’s contract?
While the design of an architect’s contract is flexible, there is a legal framework and standards that form the basis for the construction work and upon which the contract must be based. The most important standards you should observe are the SIA standards. These are a collection of technical, contractual, and mutual understanding standards created by the Swiss Society of Engineers and Architects. Standards SIA 117 and 118 cover the general provisions regarding offers and contracts. Furthermore, SIA 102 regulates architects’ fees and services.
Architectural contracts can also be based on the Swiss Code of Obligations through elements of the law governing mandate contracts and contracts for work and services. For example, provisions relating to construction can be found in Title 11, “Work and Services Contracts” (Articles 363 et seq. of the Swiss Code of Obligations), and Title 13, “The Mandate” (Articles 394 et seq. of the Swiss Code of Obligations).
The distinction between provisions falling under the law governing contracts for work and services and contract law is not clearly defined in the law. If the services are difficult to measure, they are generally treated as a mandate or order, and the rules of a mandate contract apply. This is usually the case with cost estimates and project management. However, the area of a contract for work and services arises when the architect supervises work or subcontracts it to other tradespeople.
Is there a template for an architect's contract?
There are numerous sample contracts available online, some of which are free. However, these are merely templates that must then be revised to ensure they perfectly fit your construction project. Furthermore, these templates are generally only designed for small, low-complexity projects.
A reliable basis can be the “Contract for Architectural Services No. 1002” from the Swiss Association of Engineers and Architects. However, it must also be considered that it must be adapted to your project and its specific characteristics.
Drafting a good architectural contract requires knowledge of construction contract law or contract law for services. Therefore, we strongly recommend contacting a lawyer to at least have the contract proofread and reviewed after negotiations with the architect. Even if you use a template, it is advisable to seek the expertise of a professional when drafting the specific contract.
FAQ: Architectural contracts
It is possible to commission an architect without entering into an architectural contract. However, this is discouraged. Otherwise, an architect can also enter into other contracts, particularly a contract for work or a mandate.
The basic design of an architect’s contract is flexible, but it must cover a number of points to be effective. These include the contracting parties, services, fees, the legal basis of the contract, deadlines, insurance and liability, the right of representation, and the architect’s competencies.
The main advantage of concluding an architect’s contract is that both parties are protected in the event of a legal dispute. By covering the dispute resolution procedures in advance, the contract provides a legal basis that allows everyone to understand their rights and obligations.
One of the most common points of contention between architects and clients is construction cost overruns. By defining the costs and the responsibilities of both parties in the event of overruns, an architect’s contract can prevent future problems.
The architect’s contract must specify the total price or the basis for calculating the architect’s fee. The fee can be calculated in various ways. It is usually tied to the time spent or the construction cost.
Even though there are many sample contracts available online, only a professional can draft such a contract in a legally compliant manner. This requires knowledge of contract law. We strongly recommend that you contact a law firm to have the contract reviewed before signing.
Most architectural contracts are based on SIA 102, the so-called Regulations for Architectural Services and Fees. Furthermore, SIA Standards 117 and 118 describe the general provisions for construction bids and contracts. Finally, the Swiss Code of Obligations provides a legal basis for contracts for work (Article 363 of the Swiss Code of Obligations) and mandate contracts (Article 394 of the Swiss Code of Obligations).
