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Old 30.03.2011, 13:53
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interest rates for payment delay in contract

Hello, I am kindly asking a question relating to Swiss Code of Obligation:
I am concluding the construction contract. The Employer is obliged to pay a contract price. If he delays the payment - what rate of interests should he pay to the contractor? Does article 104 of Swiss Code of Obligation apply (and he may not pay less than 5 %) or the parties are free to agree in a contract lawer rate? I was told that this article 104 applies only to the late payments which are not contractual payments (e.g. damages).
If anyone can answer me I would be gratefeull.
Best regards
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