Contract For Construction Work for Switzerland

Contract For Construction Work Template for Switzerland

A comprehensive construction contract governed by Swiss law, incorporating provisions from the Swiss Code of Obligations (particularly Articles 363-379) and aligned with SIA norms (especially SIA 118). This document establishes the legal framework for construction projects in Switzerland, detailing the rights and obligations of both the principal and contractor. It covers essential aspects including scope of works, payment terms, quality standards, warranties, and dispute resolution mechanisms, while ensuring compliance with Swiss federal and cantonal construction regulations, labor laws, and environmental requirements.

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What is a Contract For Construction Work?

The Contract For Construction Work is a fundamental legal document used in Switzerland for managing construction projects of various scales and complexities. It serves as the primary agreement between the principal/owner and the contractor, establishing their respective rights, obligations, and responsibilities. The document is structured in accordance with Swiss law, particularly the Swiss Code of Obligations (Articles 363-379), and typically incorporates SIA norms, especially SIA 118, which are widely recognized standards in Swiss construction practice. This contract type is essential for any construction project in Switzerland, whether residential, commercial, or industrial, and includes detailed provisions for project execution, payment terms, quality standards, warranties, and dispute resolution. It ensures compliance with federal and cantonal construction regulations, workplace safety requirements, and environmental protection standards.

What sections should be included in a Contract For Construction Work?

1. Parties: Identification and details of the Principal/Owner and the Contractor, including full legal names, addresses, and registration details

2. Background: Context of the construction project, including the site location and general purpose of the works

3. Definitions: Definitions of key terms used throughout the contract, including technical terms and project-specific terminology

4. Scope of Works: Detailed description of the construction works to be performed, including general specifications and standards to be met

5. Contract Price and Payment Terms: Agreement on price (fixed or variable), payment schedule, invoicing procedures, and treatment of variations

6. Project Timeline: Construction schedule, key milestones, completion date, and provisions for extensions of time

7. Contractor Obligations: Key responsibilities including quality standards, material procurement, workforce management, and compliance with laws

8. Principal Obligations: Responsibilities of the principal including site access, permits, approvals, and provision of necessary information

9. Quality and Inspection: Quality standards, inspection procedures, acceptance criteria, and dealing with defective work

10. Variations: Process for handling changes to the scope of work, including pricing and approval procedures

11. Warranties and Defects Liability: Warranty periods, defects notification process, and remediation obligations

12. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

13. Work Health and Safety: Safety requirements, responsibilities, and compliance with Swiss safety regulations

14. Termination: Grounds for termination, termination procedures, and consequences

15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions

16. General Provisions: Standard clauses including notices, governing law, language, and entire agreement provisions

What sections are optional to include in a Contract For Construction Work?

1. Environmental Management: Required for projects with significant environmental impact, detailing environmental protection measures and compliance requirements

2. Subcontracting: Include when subcontracting is permitted, specifying approval requirements and contractor's responsibility for subcontractors

3. Performance Security: Required when bank guarantees or performance bonds are needed, specifying type and amount of security

4. Intellectual Property: Include for projects involving design elements or innovative construction methods

5. Force Majeure: Detailed force majeure provisions beyond standard terms, particularly relevant for long-term or complex projects

6. Site Conditions: Specific provisions for projects with challenging or unusual site conditions

7. Archaeological Findings: Required for construction in historically significant areas or where artifacts might be discovered

8. Public Interface: Include for projects in populated areas requiring management of public relations and access

What schedules should be included in a Contract For Construction Work?

1. Schedule 1 - Detailed Scope of Works: Comprehensive technical specifications, drawings, and work descriptions

2. Schedule 2 - Project Timeline: Detailed construction program including milestones and critical path activities

3. Schedule 3 - Price Schedule: Detailed breakdown of prices, rates for variations, and payment milestones

4. Schedule 4 - Site Plan and Access Details: Site boundaries, access points, and any restricted areas

5. Schedule 5 - Quality Management Plan: Detailed quality assurance procedures and acceptance criteria

6. Schedule 6 - Safety Management Plan: Detailed safety procedures, risk assessments, and emergency protocols

7. Schedule 7 - Required Insurances: Detailed insurance requirements including types, coverage amounts, and special conditions

8. Schedule 8 - Forms and Procedures: Standard forms for variations, payment claims, completion certificates, etc.

9. Appendix A - Technical Drawings: Complete set of construction drawings and technical details

10. Appendix B - Materials Specifications: Detailed specifications for all materials to be used in the construction

11. Appendix C - Permits and Approvals: Copies of all relevant permits, licenses, and regulatory approvals

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

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Property

Residential Property

Industrial

Healthcare

Education

Hospitality

Retail

Transportation

Energy

Manufacturing

Public Sector

Relevant Teams

Legal

Construction

Project Management

Commercial

Procurement

Finance

Operations

Risk and Compliance

Technical Services

Property Development

Facilities Management

Contract Administration

Quality Assurance

Health and Safety

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Chief Executive Officer

Chief Operating Officer

Development Director

Commercial Director

Technical Director

Procurement Manager

Site Manager

Project Engineer

Quantity Surveyor

Risk Manager

Compliance Officer

Finance Director

Operations Manager

Construction Lawyer

Property Developer

Facilities Manager

Industries
Swiss Code of Obligations (OR/CO): Articles 363-379 specifically deal with construction contracts (Werkvertrag). These articles define the basic rights and obligations of contractors and clients, including provisions for defects, warranties, and payment terms.
Federal Construction Law (Raumplanungsgesetz, RPG): Regulates spatial planning and construction requirements at the federal level, including zoning regulations and building permits.
Cantonal Building Laws: Each canton has its own building laws that specify local construction requirements, permits, and procedures. These must be considered based on the project location.
SIA Norms (particularly SIA 118): Though not legislation, these are standard terms for construction contracts in Switzerland. SIA 118 is particularly important as it provides detailed regulations for construction contracts and is often incorporated by reference.
Federal Labor Law (Arbeitsgesetz): Governs working conditions and safety requirements for construction workers, including working hours and rest periods.
Federal Environmental Protection Act (Umweltschutzgesetz): Contains provisions relevant to construction activities, including noise protection, waste management, and environmental impact assessments.
Federal Law on Worker Safety (Unfallversicherungsgesetz): Specifies safety requirements and insurance obligations for construction work and worker protection.
Federal Law on Public Procurement (if applicable): Relevant if the construction project involves public entities or public funding, setting out requirements for tender processes and contract awards.
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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