The Contract For House (Construction) is a crucial legal document used in Switzerland when a property owner engages a contractor to construct a residential property. This agreement is primarily governed by the Swiss Code of Obligations (Articles 363-379) and must comply with cantonal building regulations and SIA norms. The document is essential for projects ranging from individual homes to small residential developments, providing a comprehensive framework for project execution, risk allocation, and quality assurance. It includes detailed specifications for construction work, payment schedules, warranties, and dispute resolution mechanisms, while ensuring compliance with Swiss building standards and environmental regulations. The contract serves as the primary reference point throughout the construction process, from groundbreaking to final handover, and typically incorporates provisions for variations, inspections, and defects liability specific to Swiss construction law.
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1. Parties: Identification of the client (building owner) and the contractor, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including property details and brief project overview
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the construction work to be performed, including reference to plans and specifications
5. Contract Documents: Hierarchy and list of all documents forming part of the contract, including plans, specifications, and SIA norms
6. Contractor Obligations: Main obligations of the contractor, including quality standards, supervision, and compliance with regulations
7. Client Obligations: Main obligations of the client, including site access, permits, and timely decisions
8. Time for Completion: Construction schedule, milestone dates, and provisions for extensions of time
9. Contract Price and Payment: Price, payment schedule, retention amounts, and final payment conditions
10. Variations: Process for handling changes to the scope of work and their cost implications
11. Quality and Inspection: Quality standards, inspection rights, and acceptance procedures
12. Defects Liability: Warranty period, defects notification, and rectification procedures
13. Insurance and Liability: Required insurance coverage and liability allocation between parties
14. Termination: Grounds and procedures for contract termination by either party
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
16. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Advance Payment Guarantee: Required when advance payments are made to the contractor
2. Performance Bond: Used when additional security for contractor performance is required
3. Environmental Requirements: Specific environmental obligations beyond standard regulations
4. Subcontractors: Provisions for appointment and management of subcontractors when relevant
5. Intellectual Property: Required when custom designs or innovative construction methods are involved
6. Temporary Works: Needed for projects requiring significant temporary structures or facilities
7. Site Security: Additional security requirements for high-value or sensitive locations
8. Phased Completion: Used when the project will be completed and handed over in phases
1. Schedule 1 - Construction Plans and Drawings: Detailed architectural and engineering drawings
2. Schedule 2 - Technical Specifications: Detailed specifications for materials and construction methods
3. Schedule 3 - Construction Schedule: Detailed timeline with milestones and critical path
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment installments and milestone payments
5. Schedule 5 - Site Plan and Access Details: Site layout, access points, and temporary facilities
6. Schedule 6 - Quality Control Plan: Specific quality control procedures and acceptance criteria
7. Schedule 7 - List of Approved Materials: Specified materials and approved suppliers
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and coverage amounts
9. Appendix A - Building Permit: Copy of building permit and related correspondence
10. Appendix B - Environmental Permits: Required environmental clearances and permits
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Architecture
Engineering
Property Development
Building Materials
Construction Management
Insurance
Banking and Finance
Relevant Teams
Legal
Construction
Project Management
Architecture
Engineering
Procurement
Risk and Compliance
Operations
Property Development
Technical Services
Quality Assurance
Contract Administration
Relevant Roles
Construction Manager
Project Manager
Architect
Civil Engineer
Quantity Surveyor
Contract Manager
Legal Counsel
Real Estate Developer
Building Inspector
Construction Site Supervisor
Risk Manager
Procurement Manager
Technical Director
Chief Operating Officer
Property Manager
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