Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 30 March 1911 (Status as of 1 July 2021)

Art. 373

2. Amount of pay­ment

a. Firm com­mit­ment

 

1 Where the pay­ment was fixed in ad­vance as an ex­act amount, the con­tract­or is ob­liged to per­form the work for the agreed amount and may not charge more even if the work en­tailed more la­bour or great­er ex­pense than pre­dicted.

2 However, where per­form­ance of the work was pre­ven­ted or ser­i­ously hindered by ex­traordin­ary cir­cum­stances that were un­fore­see­able or ex­cluded ac­cord­ing to the con­di­tions as­sumed by both parties, the court may at its dis­cre­tion au­thor­ise an in­crease in the price or the ter­min­a­tion of the con­tract.

3 The cus­tom­er must pay the full price even where the work has en­tailed less la­bour than pre­dicted.

 

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