Construction Contract Agreement for Switzerland

Construction Contract Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the terms and conditions for construction projects in Switzerland. This document aligns with the Swiss Code of Obligations (OR) and incorporates relevant federal and cantonal construction regulations. It details the rights, obligations, and responsibilities of both the principal and contractor, covering aspects such as scope of work, payment terms, quality standards, timeline, and compliance with Swiss construction and safety standards. The agreement includes specific provisions for dispute resolution under Swiss jurisdiction and addresses local building regulations and SUVA safety requirements.

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What is a Construction Contract Agreement?

The Construction Contract Agreement is a fundamental legal document used in Switzerland for formalizing construction project arrangements between a principal (building owner) and a contractor. This agreement is essential for any construction project in Switzerland, whether commercial, residential, or industrial. It must comply with the Swiss Code of Obligations (OR), particularly Articles 363-379 governing construction contracts (Werkvertrag), as well as federal and cantonal construction laws. The document incorporates Swiss-specific requirements including SUVA safety regulations, SIA standards, and environmental protection measures. It typically includes detailed specifications for the construction work, payment terms, quality standards, timeline, and procedures for variations and dispute resolution. The agreement is structured to protect both parties' interests while ensuring compliance with Switzerland's strict construction and safety standards.

What sections should be included in a Construction Contract Agreement?

1. Parties: Identification of the contracting parties - the Principal (building 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: Agreement on costs, payment schedule, and payment conditions

6. Project Timeline: Construction schedule, key milestones, and completion dates

7. Contractor's Obligations: Detailed responsibilities of the contractor including quality standards and compliance requirements

8. Principal's Obligations: Responsibilities of the principal including site access and necessary approvals

9. Quality Standards and Materials: Specifications for construction quality and approved materials

10. Site Management and Safety: Requirements for site management, safety protocols, and SUVA compliance

11. Variations and Changes: Process for handling changes to the scope of work

12. Inspections and Acceptance: Procedures for work inspection and acceptance criteria

13. Defects Liability: Warranty period and defect rectification obligations

14. Insurance and Liability: Required insurance coverage and liability allocation

15. Force Majeure: Provisions for unforeseen circumstances and their handling

16. Termination: Conditions and procedures for contract termination

17. Dispute Resolution: Procedures for resolving disputes under Swiss law

18. Governing Law: Confirmation of Swiss law application and jurisdiction

What sections are optional to include in a Construction Contract Agreement?

1. Environmental Management: Required when project has significant environmental impact or requires specific environmental permits

2. Subcontracting: Include when subcontractors will be employed in the project

3. Performance Security: Required when bank guarantees or performance bonds are needed

4. Intellectual Property Rights: Include when design elements or innovative construction methods are involved

5. Financing Arrangements: Required when specific project financing terms need to be addressed

6. Public Access Requirements: Include for projects involving public spaces or infrastructure

7. Heritage Protection Measures: Required when construction involves or affects protected buildings or sites

8. Noise and Vibration Control: Include for urban construction projects or noise-sensitive areas

What schedules should be included in a Construction Contract Agreement?

1. Schedule 1: Technical Specifications: Detailed technical requirements and construction specifications

2. Schedule 2: Construction Drawings: Approved architectural and engineering drawings

3. Schedule 3: Bill of Quantities: Detailed breakdown of quantities and prices

4. Schedule 4: Project Timeline: Detailed construction schedule with milestones

5. Schedule 5: Quality Assurance Plan: Specific quality control procedures and requirements

6. Schedule 6: Site Safety Plan: Detailed safety procedures and SUVA compliance measures

7. Schedule 7: Payment Schedule: Detailed payment terms and milestone payments

8. Schedule 8: Insurance Certificates: Copies of required insurance policies

9. Appendix A: Permits and Approvals: Copies of all relevant construction permits and approvals

10. Appendix B: Environmental Compliance: Environmental impact assessments and compliance documents

11. Appendix C: Form of Bank Guarantee: Template for required bank guarantees or performance bonds

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Public Works

Engineering Services

Architecture

Environmental Services

Project Management

Construction Materials

Relevant Teams

Legal

Construction

Project Management

Finance

Procurement

Risk Management

Technical Services

Environmental Compliance

Health and Safety

Quality Assurance

Business Development

Operations

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Chief Executive Officer

Chief Financial Officer

Architect

Civil Engineer

Quantity Surveyor

Site Manager

Procurement Manager

Risk Manager

Environmental Compliance Officer

Safety Officer

Technical Director

Development Manager

Construction Supervisor

Project Control Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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