Construction Agreement

Construction Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Construction Agreement under Swiss law for a sustainable commercial office building project in Zurich, with LEED certification requirements and specific provisions for renewable energy installations, scheduled to commence in March 2025."

Document background

The Construction Agreement is a fundamental document for any construction project in Switzerland, establishing the legal and operational framework between the principal/owner and the contractor. It is essential for projects ranging from residential and commercial buildings to infrastructure developments. The agreement must comply with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations and local building regulations. It typically incorporates or references SIA 118 norms, which are widely recognized construction standards in Switzerland. The document should be used whenever engaging a contractor for construction works, ensuring clear definition of scope, responsibilities, quality standards, timelines, and risk allocation. It includes detailed provisions for payment terms, variations, defects liability, and dispute resolution, adapted to Swiss legal requirements and construction industry practices.

Suggested Sections

1. Parties: Identification and details of the Principal/Owner and the Contractor

2. Background: Context of the construction project and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Works: Detailed description of the construction works to be performed

5. Contract Price and Payment Terms: Amount payable, payment schedule, and payment conditions

6. Project Timeline: Commencement date, completion date, and key milestones

7. Contractor Obligations: Key responsibilities and obligations of the contractor

8. Principal Obligations: Key responsibilities and obligations of the principal/owner

9. Site Access and Conditions: Terms regarding access to and use of the construction site

10. Materials and Workmanship: Quality standards and requirements for materials and work

11. Variations: Process for handling changes to the scope of works

12. Testing and Completion: Procedures for testing, inspection, and acceptance of works

13. Defects Liability: Warranty period and defect rectification obligations

14. Insurance and Security: Required insurance coverage and performance security

15. Force Majeure: Provisions for handling unforeseen circumstances

16. Termination: Grounds and procedures for contract termination

17. Dispute Resolution: Procedures for resolving disputes

18. Governing Law: Confirmation of Swiss law application and jurisdiction

19. General Provisions: Standard legal provisions including notices, assignment, and amendments

Optional Sections

1. Subcontracting: Terms for engagement and management of subcontractors, required if subcontracting is permitted

2. Environmental Requirements: Specific environmental obligations and compliance requirements, needed for projects with significant environmental impact

3. Financing Arrangements: Terms related to project financing, required if special financing or payment arrangements apply

4. Special Safety Requirements: Additional safety measures beyond standard requirements, needed for high-risk construction works

5. Intellectual Property: IP rights and obligations, needed if design or innovative construction methods are involved

6. Local Authority Requirements: Specific cantonal or municipal requirements, needed when local regulations impose special obligations

7. Sustainability Requirements: Special provisions for sustainable construction, needed for green building projects

8. Archaeological Findings: Procedures for handling archaeological discoveries, needed for construction in historically significant areas

Suggested Schedules

1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the works

2. Schedule 2 - Construction Drawings: Approved architectural and engineering drawings

3. Schedule 3 - Bill of Quantities: Itemized list of quantities and prices

4. Schedule 4 - Project Timeline: Detailed project schedule with milestones

5. Schedule 5 - Quality Assurance Plan: Quality control procedures and requirements

6. Schedule 6 - Site Safety Plan: Safety procedures and requirements

7. Schedule 7 - Form of Payment Application: Template for progress payment requests

8. Schedule 8 - Form of Completion Certificate: Template for work completion certification

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and coverage requirements

10. Schedule 10 - Permits and Approvals: List of required permits and responsible parties

11. Appendix A - SIA 118 Modifications: Specific modifications to standard SIA 118 terms

12. Appendix B - Key Personnel: List of key personnel from both parties with roles and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Real Estate

Architecture

Engineering

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Public Works

Sustainable Building

Urban Development

Relevant Teams

Legal

Operations

Construction

Commercial

Procurement

Risk Management

Project Management

Technical Services

Property Development

Compliance

Finance

Quality Assurance

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Commercial Director

Chief Operating Officer

Project Manager

Site Manager

Quantity Surveyor

Procurement Manager

Risk Manager

Technical Director

Development Manager

Operations Manager

Compliance Officer

Finance Director

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Standard Form Of Contract In (Construction)

A standardized construction contract template compliant with Swiss law and SIA norms, providing a comprehensive framework for construction projects in Switzerland.

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Let's create your Construction Agreement

Authors

Alex Denne

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