Your team for Swiss Law, Tax & Compliance
Our lawyers, tax experts and notaries are organized under the direction of experienced partners in practice teams, covering all areas of commercial law. Our breadth of practice ensures we have the right team available for every mandate and client. Our offices can be found in Zurich and Basel, the two largest business centers of Switzerland.
Challenges in Construction and Real Estate Law
The Swiss construction industry can consider 2016 a successful year and 2017 is also looking promising. However, you cannot make an omelette without breaking eggs: the proper handling of conflict situations is crucial. How can legitimate claims be asserted, and what needs to be considered in this regard? We can advise you on all matters of construction and real estate law and also represent your interests in disputes in a comprehensive manner.
Builders’ liens – recent developments and pitfalls (DE)
Establishing a builder's lien on the building site should be a simple way for building contractors to secure compensation for their work. Indeed, this is the legislator’s intention. In practice, however, there are numerous pitfalls which are decisive in whether or not there is pledge protection.
Builder’s lien and/or attachment?
An attachment is only granted if the claim is not already secured by a lien. In this context, the Zurich Court of Appeals has recently dealt with the question of whether a current procedure for the registration of a builder’s lien is already a "pledge cover" and so precludes an attachment.
Security for release of a builder’s lien
An "adequate security" can prevent the registration of a builder’s lien or cause its immediate deletion. There are, however, numerous tricky questions in connection with the substitute security.
Performance refusal by a building contractor under Art. 82 CO (DE)
Payments to account are regularly agreed in building contracts. If a purchaser is in default with payment, a building contractor may be entitled to refuse further services. However, this right to refuse performance entails risks for both parties.