Switzerland

For years now, building and construction disputes have amounted to approximately 10% of all those litigated at the Swiss Federal Supreme Court. Such litigation occurs with astonishing regularity, even though construction generally is in decline ¹ and the Federal Supreme Court’s workload is, in contrast, sharply on the increase. In fact, the Federal Supreme Court has found there to have been a noticeable rise in the number of construction disputes themselves. The underlying cause of this development would appear to be not so much legal as financial: namely, the fiercer competition which now exists seems invariably to lead to litigation; while at the same time, falling margins appear to be bringing about a greater reluctance to settle disputes subjectively by offering generous (sic) concessions.