The Subcontractor Agreement (Construction) is a crucial document used in Swiss construction projects when a main contractor needs to delegate specific portions of construction work to specialized contractors. This agreement, governed by Swiss law and particularly the Swiss Code of Obligations (OR), establishes the legal framework for subcontracting relationships in construction projects. It addresses essential aspects such as scope definition, payment terms, quality standards, and compliance with Swiss construction regulations and SIA norms. The document is particularly important for risk management, ensuring clear allocation of responsibilities, and maintaining quality standards throughout the construction supply chain. It includes specific provisions required under Swiss law regarding worker protection, safety standards, and warranty obligations, while also incorporating industry-standard terms for construction project management.
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1. Parties: Identification and details of the Main Contractor and Subcontractor, including company registration details and authorized representatives
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 subcontractor's works, responsibilities, and deliverables
5. Contract Price and Payment Terms: Subcontract price, payment schedule, invoicing requirements, and VAT provisions
6. Project Timeline: Commencement date, completion date, key milestones, and provisions for extensions of time
7. Performance Standards: Quality requirements, applicable SIA norms, and industry standards to be met
8. Materials and Equipment: Responsibilities for supply, quality requirements, and approval processes for materials
9. Health and Safety Obligations: Safety requirements, compliance with Swiss safety regulations, and site safety protocols
10. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions
11. Warranties: Warranty periods, defect rectification processes, and quality guarantees
12. Termination: Grounds for termination, termination procedures, and consequences
13. Dispute Resolution: Dispute resolution procedures, applicable law (Swiss law), and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Performance Bond: Required when project value exceeds certain thresholds or when requested by the main contractor
2. Environmental Requirements: Included for projects with specific environmental impacts or certifications
3. Worker Protection and Posted Workers: Required when foreign subcontractors or workers are involved
4. Intellectual Property Rights: Included when design services or innovative construction methods are part of the scope
5. Confidentiality: Required for projects involving sensitive information or proprietary construction methods
6. Force Majeure: Detailed force majeure provisions for high-risk or long-duration projects
7. Storage and Site Facilities: Included when specific arrangements for storage or site facilities are needed
8. Quality Control Procedures: Detailed quality control requirements for complex technical works
9. Reporting Requirements: Specific reporting obligations for complex or high-value projects
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings of the subcontractor's works
2. Schedule 2 - Price Breakdown: Detailed breakdown of the contract price, unit rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed program of works, including key dates and milestones
4. Schedule 4 - Quality Assurance Plan: Specific quality control procedures and acceptance criteria
5. Schedule 5 - Site Rules and Procedures: Main contractor's site rules and procedures to be followed
6. Schedule 6 - Forms and Certificates: Template forms for applications, certificates, and notices
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
8. Schedule 8 - Health and Safety Plan: Project-specific health and safety requirements and procedures
9. Appendix A - Main Contract Excerpts: Relevant excerpts from the main construction contract affecting the subcontractor
10. Appendix B - Technical Drawings: Approved technical drawings and specifications
Relevant legal definitions
Clauses
Relevant Industries
Construction
Civil Engineering
Building Services
Electrical Contracting
Mechanical Engineering
Structural Engineering
Architecture
Interior Fit-out
Building Restoration
Infrastructure Development
Real Estate Development
Relevant Teams
Legal
Procurement
Construction
Project Management
Commercial
Risk & Compliance
Health & Safety
Quality Assurance
Technical Services
Contract Administration
Relevant Roles
Construction Project Manager
Contract Manager
Legal Counsel
Procurement Manager
Site Supervisor
Construction Director
Technical Director
Commercial Manager
Quality Assurance Manager
Health and Safety Manager
Risk Manager
Cost Controller
Project Engineer
Construction Lawyer
Compliance Officer
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