The Pre-Construction Agreement is a vital document used in Swiss construction projects to establish the framework for preliminary construction planning and development activities. It is typically employed when a project requires detailed preparation, feasibility assessment, and planning before committing to full construction. The agreement outlines services such as site investigations, design development, cost planning, and regulatory compliance checks, all within the context of Swiss federal and cantonal construction laws. It's particularly important given Switzerland's strict building regulations and the need for careful planning in complex construction projects. The document incorporates relevant SIA norms and addresses key aspects such as permits, environmental considerations, and stakeholder coordination, serving as a crucial risk management tool in the early stages of construction projects.
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1. Parties: Identification of the client and the contractor/consultant, including full legal names, addresses, and registration details
2. Background: Context of the project, brief description of the proposed construction work, and purpose of the pre-construction services
3. Definitions: Key terms used throughout the agreement, including technical terms and project-specific definitions
4. Scope of Pre-Construction Services: Detailed description of all pre-construction services to be provided, including feasibility studies, preliminary designs, and cost planning
5. Contractor's Obligations: Specific duties and responsibilities of the contractor during the pre-construction phase
6. Client's Obligations: Client's responsibilities including provision of information, access to site, and decision-making timeframes
7. Timeline and Programme: Schedule for delivery of pre-construction services and key milestones
8. Fees and Payment Terms: Pre-construction service fees, payment schedule, and conditions for payment
9. Variations: Process for handling changes to the scope of pre-construction services
10. Intellectual Property: Ownership and usage rights of designs, documents, and other materials produced
11. Insurance and Liability: Required insurance coverage and limitation of liability provisions
12. Termination: Circumstances and procedures for terminating the agreement
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. Notices: Process and addresses for formal communications between parties
1. Transition to Main Construction Contract: Include when there is an intention to proceed with the main construction contract with the same contractor
2. Value Engineering: Include for complex projects where cost optimization is a key objective
3. Environmental Impact Assessment: Include when the project requires environmental screening or assessment
4. Stakeholder Management: Include when the project involves multiple stakeholders or public consultation
5. BIM Protocol: Include when Building Information Modeling will be used in the project
6. Risk Register: Include for high-risk or complex projects requiring detailed risk management
7. Dispute Resolution: Include detailed alternative dispute resolution procedures for high-value contracts
1. Schedule 1 - Scope of Services: Detailed breakdown of all pre-construction services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Programme: Detailed timeline for pre-construction activities and deliverables
4. Schedule 4 - Key Personnel: List of key team members and their roles/responsibilities
5. Schedule 5 - Client's Requirements: Detailed technical and commercial requirements for the project
6. Schedule 6 - Site Information: Available site information, surveys, and reports
7. Appendix A - Required Insurance Levels: Specific insurance requirements and coverage levels
8. Appendix B - Form of Collateral Warranty: Standard form of warranty if required for third parties
9. Appendix C - Required Permits and Approvals: List of necessary permits and approvals to be obtained
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