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.
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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
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
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
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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