The Construction Subcontract is essential for projects where a main contractor delegates specific construction works to specialized subcontractors in Switzerland. This document type is commonly used across various construction projects, from commercial buildings to infrastructure developments, and must comply with Swiss federal and cantonal regulations. The agreement details the scope of work, payment terms, quality standards, and regulatory compliance requirements, while incorporating relevant SIA standards and Swiss Code of Obligations provisions. It's particularly important for risk management, establishing clear lines of responsibility, and ensuring proper coordination between the main contract and subcontracted works. The document includes specific provisions for insurance, warranties, and dispute resolution that align with Swiss construction industry practices.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names, addresses, and registration details
2. Background: Context of the main construction project, relationship to the main contract, and purpose of the subcontract
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms and contract-specific terminology
4. Scope of Work: Detailed description of the subcontracted works, including specific deliverables and exclusions
5. Contract Price and Payment Terms: Subcontract price, payment schedule, variation procedures, and VAT requirements
6. Timeline and Programme: Start date, completion date, key milestones, and coordination with main contract programme
7. Materials and Workmanship: Quality standards, material specifications, and compliance with SIA standards
8. Contractor's Obligations: Main contractor's responsibilities, including site access, coordination, and information provision
9. Subcontractor's Obligations: Key responsibilities including labor, equipment, insurance, and compliance with laws and regulations
10. Site Safety and Environmental Requirements: Safety protocols, SUVA compliance, environmental protection measures
11. Warranties and Defects: Warranty periods, defect notification process, and remediation requirements
12. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions
13. Termination: Grounds for termination, procedures, and consequences
14. Dispute Resolution: Dispute resolution procedures, applicable law, and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Performance Security: Requirements for performance bonds or guarantees, used for high-value or high-risk subcontracts
2. Intellectual Property Rights: IP provisions when subcontract involves design work or innovative construction methods
3. Confidentiality: Confidentiality obligations when dealing with sensitive information or proprietary construction methods
4. Force Majeure: Force majeure provisions for significant projects with longer durations
5. Step-in Rights: Main contractor's right to take over subcontractor's work in specific circumstances
6. Liquidated Damages: Pre-agreed damages for delay or performance failures, when specific milestone completion is crucial
7. Back-to-Back Provisions: Specific provisions linking obligations to the main contract, used when tight alignment with main contract is required
8. Equipment Lease: Terms for equipment provided by main contractor, when applicable
1. Schedule 1 - Scope of Works: Detailed technical specifications, drawings, and work descriptions
2. Schedule 2 - Programme: Detailed timeline, milestones, and coordination requirements
3. Schedule 3 - Price Breakdown: Detailed cost breakdown, unit prices, and payment schedule
4. Schedule 4 - Quality Assurance Plan: Quality control procedures and testing requirements
5. Schedule 5 - Site Rules and Procedures: Site-specific regulations, access procedures, and working hours
6. Schedule 6 - Required Insurance: Detailed insurance requirements and minimum coverage amounts
7. Schedule 7 - Forms and Certificates: Template forms for variations, completion certificates, and payment applications
8. Schedule 8 - Health and Safety Plan: Specific safety procedures and SUVA compliance requirements
9. Appendix A - Main Contract Excerpts: Relevant excerpts from the main construction contract
10. Appendix B - Technical Drawings: Detailed construction drawings and technical specifications
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