Similar at first glance, far apart in practice: contract for work and mandate under the Swiss Code of Obligations. When which contract type fits — and why a wrong choice creates problems.
In the Code of Obligations, the contract for work (Art. 363 et seq. CO) and the mandate (Art. 394 et seq. CO) stand side by side. Both regulate services — but the difference in warranty and liability law is significant. The contractual label alone is not decisive; the court examines what the parties actually wanted and lived.
The contractor owes a specific result — a work. In the case of a defective work, the customer can choose between rectification, reduction of the price or rescission (Art. 368 CO). Notice of defects must be given shortly after discovery (Art. 367 CO); the limitation period for hidden defects is five years for immovable works (Art. 371 CO).
Classic contracts for work: construction, carpentry and installation work, software development with a clearly defined deliverable, translations with a defined output, printing assignments.