SIA 104 (2003) – Swiss Fee and Service Regulation for Forest Engineers
The Ordnung SIA 104 (edition 2003), officially titled Ordnung für Leistungen und Honorare der Forstingenieure und Forstingenieurinnen, is a professional standard issued by the Swiss Society of Engineers and Architects (SIA). It is registered as Swiss Standard SN 508 104. This regulation establishes the contractual framework, duties, and compensation structures for engineering services within the domains of forestry, nature, landscape, and natural hazard management in Switzerland. It replaces the 1994 recommendation and the 1999 V104/2-5 supplement, sitting within the broader SIA regulatory framework alongside the SIA 111 and SIA 112 models.
The scope of SIA 104 encompasses consulting, planning, project design, coordination, and construction management. Regulated project categories include Bauten und Anlagen (such as forest roads, machines paths, and protective structures against avalanches or torrents) and Forstliche Planung (including forest development plans, operational management, and nature conservation). The document defines six distinct project phases: Strategische Planung, Vorstudien, Projektierung, Ausschreibung, Realisierung, and Bewirtschaftung. It distinguishes between Grundleistungen (base services) and besonders zu vereinbarende Leistungen (specially agreed services), providing a standardized methodology for fee calculation based on effective time expenditure or flat-rate agreements.
The document also includes specialized appendices for the processing of spatial data (GIS) and the assessment of natural hazards, providing concrete calculation sheets to ensure transparency in professional forest engineering mandates.
General Contractual Conditions and Duties
Article 1 outlines the legal relationship between the client and the engineer, emphasizing Swiss law as the governing framework. It defines core professional obligations and the rights of both parties.
- Duty of Care: The engineer must safeguard the client's interests and adhere to the recognized rules of their specific technical field.
- Duty of Loyalty: Confidentiality regarding project data and a prohibition on accepting personal benefits from third parties (contractors or suppliers).
- Copyright: The engineer retains the copyright to their work, defined as spiritual creations with individual character, including designs and parts of works.
- Document Retention: Results of the work must be archived for a period of ten years following the completion of the mandate.
- Liability: The engineer is liable for damages resulting from culpable breaches of the duty of care, loyalty, or coordination, though they are not responsible for non-attainment of goals caused by third-party decisions (e.g., permit denials).
Service Classification and Project Phases
Services are structured to match the SIA performance model, ensuring compatibility across engineering disciplines. The document provides detailed descriptions for each phase of forest-related infrastructure and planning.
- Phase 1 (Strategic Planning): Defining needs, goals, and solution strategies.
- Phase 2 (Preliminary Studies): Feasibility studies, selection procedures, and project definitions.
- Phase 3 (Project Design): Preliminary project, construction project, and the formal permit procedure (Bewilligungsverfahren).
- Phase 4 (Tendering): Preparation of tender documents, comparison of offers, and award proposals.
- Phase 5 (Realization): Execution project, site management (Bauleitung), and commissioning.
- Phase 6 (Management): Operation, maintenance, and preservation of the work's utility.
Forest Infrastructure and Protective Structures
Article 4.1 specifies technical services for physical constructions. These projects often combine civil engineering with biological stabilization methods.
- Access Infrastructure: Forest roads, machine paths, and fixed cable systems (Seilanlagen).
- Protective Structures: Torrent control (Bachverbau), avalanche barriers, landslide stabilization, and rockfall protection measures.
- Forest Facilities: Log storage areas (Rundholzlagerplätze) and forest operational yards (Forstwerkhöfe).
Fee Calculation and Qualification Categories
Remuneration can be agreed upon as a flat fee (Pauschale), a global fee (Globale), or based on effective time expenditure. Article 6 details the calculation for time-based mandates.
- Qualification Categories: Personnel are categorized by function and experience level (Levels 1-3), ranging from junior staff to chief engineers and experts.
- Average Rates: Calculation includes the sum of work hours, the agreed hourly rate, and an Anforderungsfaktor (requirement factor).
- Complexity Factors: Factor <a> values are provided for studies (0.9 to 1.3) and project design (0.6 to 1.1) to account for project difficulty.
- Ancillary Costs: Travel expenses (outside a 10 km radius), accommodation, documentation costs, and specialist equipment use are billed separately.
Natural Hazard Assessment and GIS
Appendices A and B provide modular frameworks for specific technical tasks often required in forest engineering mandates.
- Spatial Data (GIS): Standards for data acquisition, digital terrain models (DTM), and spatial analysis.
- Natural Hazards: Definitions and methodologies for creating event registers (Ereigniskataster), phenomenon maps, hazard indication maps (Gefahrenhinweiskarte), and formal hazard maps (Gefahrenkarte).
- Risk Assessment: Evaluation of damage potential, including economic, personal, and ecological risks.
Frequently Asked Questions
What is the statutory limitation period for building defects under SIA 104?
Claims regarding defects in a structure expire five years after the acceptance of the work or work part. Defects must be reported immediately upon discovery, and within the first two years, they can be reported at any time.
How is the hourly rate for a forest engineer calculated?
The rate is based on the AHV-taxable annual salary plus a percentage surcharge for overhead costs, risk, and profit, divided by the internal office presence hours.
Does the engineer own the results of the project work?
Yes, the results remain the property of the engineer. However, upon payment of the fee, the client is granted the right to use the results for the agreed purpose.
What precision is expected for initial investment cost estimates?
During the feasibility study (Phase 21), cost estimates are typically expected to have a precision of ± 25%.
Are travel times considered billable working hours?
When calculating fees based on effective time expenditure, travel time is generally remunerated as working time, subject to specific contractual agreements.
Which natural hazards are specifically covered in the technical appendices?
The regulation covers gravitative natural hazards, specifically avalanches, rockfalls, landslides, and torrent-related events (flooding and debris flows).
