Construction Management Contract Template for Switzerland
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What is a Construction Management Contract?
The Construction Management Contract is a specialized agreement used in construction projects where professional construction management services are required. This document, governed by Swiss law, establishes the framework for engaging a Construction Manager to oversee and coordinate construction projects on behalf of the Principal/Owner. It is particularly relevant for medium to large-scale construction projects where specialized project management expertise is needed. The contract incorporates provisions from the Swiss Code of Obligations, particularly elements of both service contracts (Auftragsrecht) and work contracts (Werkvertragsrecht), while also adhering to SIA norms and federal/cantonal construction regulations. It details the Construction Manager's scope of services, project governance structure, risk allocation, quality management requirements, and payment terms, providing a comprehensive framework for professional construction management services.
About the Construction Management Contract
When you're undertaking a complex construction project in Switzerland, you need clear legal frameworks to manage professional construction management services. A Construction Management Contract establishes the formal relationship between you as the Principal/Owner and your chosen Construction Manager, defining responsibilities, deliverables, and legal obligations under Swiss law.
When do you need this document?
You require this contract when engaging professional construction management services for medium to large-scale projects where specialized expertise is essential. This includes commercial developments, residential complexes, industrial facilities, or infrastructure projects where coordinating multiple contractors, consultants, and regulatory requirements demands dedicated project management. The contract becomes particularly important when you lack in-house construction expertise or when project complexity requires professional oversight to ensure successful delivery within budget and timeline constraints.
Key legal considerations
Your contract must clearly define the Construction Manager's scope of services, distinguishing between advisory services and decision-making authority. Key clauses should address project coordination responsibilities, quality control obligations, progress monitoring, and reporting requirements. Risk allocation provisions are crucial, particularly regarding liability for cost overruns, delays, and defects. The contract should specify insurance requirements, professional indemnity coverage, and limitation of liability clauses. Payment terms must detail fee structures, milestone payments, and reimbursable expenses. Intellectual property rights, confidentiality obligations, and termination procedures require careful consideration to protect your interests throughout the project lifecycle.
Legal requirements in Switzerland
Swiss Construction Management Contracts are governed by the Swiss Code of Obligations, particularly Articles 394-406 covering service contracts and Articles 363-379 addressing work and services contracts. Your agreement must comply with SIA Norm 102 regulations governing architectural and engineering services, and SIA Norm 118 general conditions for construction works where applicable. Federal Construction Law (RPG) requirements may apply depending on project scope and location. The contract must address workplace safety obligations under Federal Labor Law, environmental compliance with the Environmental Protection Act, and cantonal building regulations. Professional liability insurance requirements, typically following SIA recommendations, should be incorporated. The agreement should specify applicable jurisdiction for dispute resolution and reference relevant professional standards governing construction management services in Switzerland.
GOVERNING LAW
Applicable law
This Construction Management Contract is drafted to comply with Switzerland law. Key legislation includes:
Federal Construction Law (Raumplanungsgesetz, RPG): Federal legislation governing spatial planning and construction requirements at the national level
SIA Norm 102: Regulations governing the services and fees of architects, widely used as industry standard in construction contracts
SIA Norm 118: General conditions for construction works, providing standard terms for construction contracts
Federal Labor Law (Arbeitsgesetz): Regulates workplace safety and working conditions on construction sites
Environmental Protection Act (Umweltschutzgesetz): Environmental regulations affecting construction projects and their implementation
Cantonal Building Laws: Specific building regulations that vary by canton and must be considered depending on the project location
SUVA Safety Regulations: Specific safety regulations for construction sites issued by the Swiss Accident Insurance Fund
Federal Law on Product Safety (PrSG): Regulations concerning the safety of construction materials and equipment used in projects
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