The Agreement For Construction Of House is a crucial legal document used in Switzerland when a property owner engages a construction company to build a residential property. This comprehensive agreement is essential for protecting both parties' interests and ensuring clear understanding of responsibilities, specifications, and deliverables. It must comply with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations (OR) Articles 363-379, and typically incorporates SIA norms (especially SIA Norm 118) as industry standards. The document is used at the commencement of a construction project, after initial planning and obtaining necessary permits, but before construction begins. It includes detailed specifications, pricing, timelines, quality standards, and warranty provisions, while addressing Swiss-specific requirements for construction contracts, environmental compliance, and building regulations.
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1. Parties: Identification of the property owner (client) and the construction company (contractor), including full legal names, addresses, and registration details
2. Background: Context of the agreement, including property details and brief description of the construction project
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 construction work to be performed, including reference to plans and specifications
5. Contract Price and Payment Terms: Total contract price, payment schedule, conditions for payment, and handling of variations
6. Timeline and Completion: Construction schedule, milestone dates, completion criteria, and provisions for delays
7. Contractor Obligations: Detailed responsibilities of the contractor, including compliance with regulations, workmanship standards, and site management
8. Client Obligations: Responsibilities of the client, including access to site, permits, and timely decisions
9. Quality and Standards: Required quality standards, reference to SIA norms, inspection procedures, and acceptance criteria
10. Warranties and Defects: Warranty periods, defect notification process, and remediation procedures as per Swiss law
11. Insurance and Liability: Required insurance coverage, liability allocation, and indemnification provisions
12. Termination: Grounds for termination, procedures, and consequences
13. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
14. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Environmental Requirements: Special environmental protection measures beyond standard requirements, used when building in environmentally sensitive areas
2. Phased Completion: Specific provisions for staged completion and handover, used for larger projects with distinct phases
3. Financing Arrangements: Special provisions related to project financing, used when external financing is involved
4. Temporary Works: Provisions for temporary structures or facilities, used when significant temporary works are required
5. Neighboring Properties: Special provisions regarding adjacent properties, used in dense urban settings
6. Archaeological Findings: Procedures for handling archaeological discoveries, used in historically sensitive areas
7. Sustainable Construction: Additional environmental and sustainability requirements, used for green building certifications
8. Winter Construction: Special provisions for construction during winter months, used for projects in alpine regions
1. Schedule 1: Technical Specifications: Detailed technical specifications for all aspects of the construction
2. Schedule 2: Construction Plans and Drawings: Approved architectural and engineering drawings
3. Schedule 3: Bill of Quantities: Detailed breakdown of quantities and prices for all construction elements
4. Schedule 4: Construction Timeline: Detailed project schedule with milestones and critical path
5. Schedule 5: Payment Schedule: Detailed payment terms, installments, and connection to project milestones
6. Schedule 6: Quality Assurance Plan: Specific quality control procedures and acceptance criteria
7. Schedule 7: Site Safety Plan: Safety procedures and requirements for the construction site
8. Schedule 8: List of Approved Subcontractors: Pre-approved subcontractors for specific aspects of the work
9. Appendix A: Building Permits: Copies of all relevant building permits and authorizations
10. Appendix B: Insurance Certificates: Copies of required insurance policies
11. Appendix C: Performance Bond: Bank guarantee or performance bond documentation
Relevant legal definitions
Agreement
Applicable Laws
Architect
As-Built Documents
Building Permit
Building Regulations
Cantonal Authorities
Certificate of Completion
Change Order
Client
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Site
Construction Works
Contract Price
Contractor
Defects
Defects Liability Period
Deliverables
Design Documents
Environmental Requirements
Force Majeure
Good Industry Practice
Governing Law
Insurance Requirements
Intellectual Property Rights
Material Breach
Milestone Dates
Notice
Payment Schedule
Performance Bond
Permitted Use
Plans and Specifications
Project
Project Manager
Property
Quality Standards
Retention Money
SIA Norms
Site Access
Specifications
Subcontractor
Substantial Completion
Technical Specifications
Temporary Works
Variation
Warranty Period
Work Schedule
Works
Applicable Laws
Architect
As-Built Documents
Building Permit
Building Regulations
Cantonal Authorities
Certificate of Completion
Change Order
Client
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Site
Construction Works
Contract Price
Contractor
Defects
Defects Liability Period
Deliverables
Design Documents
Environmental Requirements
Force Majeure
Good Industry Practice
Governing Law
Insurance Requirements
Intellectual Property Rights
Material Breach
Milestone Dates
Notice
Payment Schedule
Performance Bond
Permitted Use
Plans and Specifications
Project
Project Manager
Property
Quality Standards
Retention Money
SIA Norms
Site Access
Specifications
Subcontractor
Substantial Completion
Technical Specifications
Temporary Works
Variation
Warranty Period
Work Schedule
Works
Clauses
Interpretations and Definitions
Scope of Work
Contract Documents
Contractor Obligations
Client Obligations
Site Access and Conditions
Quality Standards
Construction Timeline
Extensions of Time
Variations and Changes
Payment Terms
Performance Security
Insurance Requirements
Health and Safety
Environmental Compliance
Warranties
Defects Liability
Force Majeure
Suspension of Works
Termination
Liability and Indemnification
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law and Jurisdiction
Site Safety
Materials and Workmanship
Testing and Inspection
Completion and Handover
Documentation Requirements
Permits and Approvals
Risk Allocation
Remedies
Progress Reporting
Quality Assurance
Construction Methods
Site Management
Utilities and Services
Archaeological Discoveries
Neighboring Properties
Scope of Work
Contract Documents
Contractor Obligations
Client Obligations
Site Access and Conditions
Quality Standards
Construction Timeline
Extensions of Time
Variations and Changes
Payment Terms
Performance Security
Insurance Requirements
Health and Safety
Environmental Compliance
Warranties
Defects Liability
Force Majeure
Suspension of Works
Termination
Liability and Indemnification
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law and Jurisdiction
Site Safety
Materials and Workmanship
Testing and Inspection
Completion and Handover
Documentation Requirements
Permits and Approvals
Risk Allocation
Remedies
Progress Reporting
Quality Assurance
Construction Methods
Site Management
Utilities and Services
Archaeological Discoveries
Neighboring Properties
Relevant Industries
Construction
Real Estate
Architecture
Engineering
Building Materials
Environmental Services
Property Development
Construction Project Management
Construction Finance
Insurance
Legal Services
Relevant Teams
Legal
Construction
Project Management
Architecture
Engineering
Compliance
Finance
Risk Management
Operations
Property Development
Environmental
Technical Services
Contract Administration
Relevant Roles
Construction Manager
Project Manager
Architect
Civil Engineer
Contracts Manager
Legal Counsel
Property Developer
Construction Site Supervisor
Quantity Surveyor
Risk Manager
Environmental Compliance Officer
Finance Manager
Insurance Manager
Building Inspector
Technical Director
Chief Operating Officer
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