Best Government Contract Lawyers in Chur

About Government Contract Law in Chur, Switzerland

Government contracts in Chur are part of the wider Swiss public procurement framework and are administered at municipal, cantonal and federal levels. Chur is the capital of the Canton of Graubünden, so public contracts for city-level work are governed by municipal and cantonal procurement rules, while contracts above certain value thresholds or with federal authorities follow the Swiss Federal Act on Public Procurement. Core legal principles include transparency, equal treatment of bidders, non-discrimination and proportionality. Procurements can take many forms - works, supplies, services and concessions - and use different procedures such as open tender, restricted tender, negotiated procedures and direct award, depending on value and complexity.

Why You May Need a Lawyer

You may need a lawyer when you face legal complexity or risk in any stage of a government contract - from tender preparation through contract performance and dispute resolution. Typical situations include: preparing or reviewing tender documents and specifications to ensure compliance with procurement rules; challenging a tender award or defending against a challenge; resolving disputes over contract interpretation, delays, change orders, additional costs, or termination; handling complaints about exclusion or qualification; advising on subcontracting, joint ventures or consortium agreements; ensuring compliance with mandatory statutory or sector-specific rules such as labour, environmental and data-protection obligations; and navigating cross-border issues when procurement is subject to international agreements. A lawyer experienced in Swiss procurement will help you spot procedural defects, calculate risks, meet strict deadlines for remedies and frame claims or defences effectively.

Local Laws Overview

Public procurement in Chur is shaped by three layers of rules - municipal, cantonal and federal. The Canton of Graubünden issues rules and policies that apply to cantonal and municipal contracting authorities in the canton. For contracts that exceed statutory thresholds, the Swiss Federal Act on Public Procurement applies together with implementing ordinances and federal practice. International obligations such as the World Trade Organization Government Procurement Agreement may apply for covered procurements and cross-border suppliers. Key legal aspects to watch are the applicable thresholds that determine which regime applies; required procurement procedures and advertising obligations; mandatory award criteria and scoring methods; grounds and procedures for excluding bidders; requirements for security, performance bonds and guarantees; provisions on subcontracting and supplier qualification; remedies and appeal procedures, including time limits to lodge protests; and sanctions for non-compliance. In addition, sector-specific rules - for construction, IT, utilities or concessions - and general Swiss laws on contract law, labour, social insurance and data protection will often interact with procurement rules. Administrative courts at the cantonal level typically hear post-award challenges, while arbitration or civil proceedings may resolve contractual performance disputes if the parties so agree.

Frequently Asked Questions

What public procurement rules apply to a contract in Chur?

The applicable rules depend on the procuring authority and the contract value. Small municipal purchases may follow local simplified rules. Cantonal procurement regulations apply to many contracts within Graubünden. Contracts above federal thresholds or involving federal authorities fall under the Federal Act on Public Procurement. International agreements can apply for covered procurements. Check the tender documents and the contracting authority to determine which rules govern a specific process.

How do I find public tenders in Chur?

Public tenders may be published by the City of Chur, the Canton of Graubünden and federal portals. Switzerland also has a national procurement information service where many public tenders are advertised. Contracting authorities often publish notices and tender documents on their own websites and through official procurement platforms. If you are unsure, contact the procurement unit of the relevant authority for guidance on where notices are posted.

Can a bid be challenged and on what grounds?

Yes. Bids can be challenged for procedural irregularities, unequal treatment, conflicts of interest, incorrect evaluation of award criteria, unlawful exclusion or violations of advertising rules. Remedies usually require strict compliance with time limits and procedural steps. A lawyer can help identify valid grounds for challenge and prepare the necessary submissions to the contracting authority or the relevant court.

What are the typical remedies if I am harmed by a procurement decision?

Remedies can include administrative review by the contracting authority, injunctive relief to halt a procurement or award, setting aside of an award, damages for losses, and orders to re-run the procedure. The specific remedies and procedures depend on the applicable procurement law and the stage at which the challenge is brought. Time limits can be short, so act promptly.

Do procurement rules allow environmental, social or innovation criteria?

Yes. Swiss procurement law allows contracting authorities to include sustainability, social and innovation-related criteria when they are relevant and proportional to the purchase. Such criteria must be stated clearly in the tender documents and applied in a non-discriminatory manner. A lawyer can help draft or interpret criteria to reduce risk of disputes.

Can small businesses or foreign suppliers bid on contracts in Chur?

Small businesses can bid, and many procedures are designed to be accessible to smaller suppliers. Foreign suppliers can participate, particularly when procurements are published under federal rules or international agreements, but they must meet qualification, registration and legal requirements such as corporate registration, VAT and social-insurance obligations. Check the tender conditions for eligibility and documentation requirements.

How are contract changes and variations handled?

Contract variations must be managed in line with the contract terms and applicable procurement law. Some contracts allow limited changes within agreed thresholds or for unforeseen circumstances. Larger changes may require a new procurement or renegotiation if they alter the contract’s economic balance or scope significantly. Documentation and prior approvals are critical to avoid claims of unlawful direct award or contract fragmentation.

What is the role of subcontractors and can they be changed after award?

Subcontracting is commonly permitted but often subject to conditions such as prior approval by the contracting authority, disclosure of key subcontractors in the bid, and compliance with labour and social-security rules. Replacing a subcontractor after award may require consent from the authority and must not alter the bid’s essential aspects. Non-compliance can lead to penalties or termination.

Where are procurement disputes decided in Chur?

Post-award administrative remedies typically start with the contracting authority and may proceed to the cantonal administrative courts for judicial review. Contractual performance disputes may be decided in civil courts or by arbitration if the parties agreed to arbitration in the contract. The exact forum depends on the type of dispute, the contract provisions and the applicable procurement law.

How much does it cost to get legal help for procurement matters?

Costs vary depending on the complexity of the matter, the type of proceeding and the lawyer’s experience. Many lawyers offer an initial consultation to assess the case and can provide fixed-fee estimates for specific tasks such as drafting a challenge, reviewing tender documents or negotiating a settlement. For litigation or prolonged disputes, costs can be substantial, so discuss budget, fee arrangements and possible cost recovery early on.

Additional Resources

Useful resources include the procurement unit of the City of Chur for municipal tenders, the Cantonal administration of Graubünden for cantonal procurement rules and notices, and the national procurement information service for federal and larger tenders. Federal authorities and offices provide guidance on the Federal Act on Public Procurement and related ordinances. The Cantonal court and administrative court provide procedural rules for appeals. Professional organisations - including the Swiss Bar Association and local bar sections - can help locate specialist procurement lawyers. Business chambers and industry associations may offer tendering advice and networking opportunities. Finally, official publications and guides on Swiss procurement law, as well as publicly available model contract clauses and templates from procurement offices, are valuable for practical guidance.

Next Steps

If you need legal assistance with a government contract in Chur, start by collecting all relevant documents - the tender notice, tender documents, correspondence, the award decision and the contract. Note any statutory deadlines stated in the tender documents or applicable law. Contact the procurement office of the City of Chur or the relevant cantonal authority for factual clarifications. If you suspect a legal issue or wish to protect your rights, consult a lawyer experienced in Swiss public procurement as soon as possible to assess remedies and timing. Ask potential lawyers about their procurement experience, fee structure and likely strategy. If urgent relief may be needed - for example to stop an unlawful award - inform the lawyer immediately so they can advise on emergency measures. Keep records of all communications and act promptly to preserve your legal options.