Standard Construction Contract for Switzerland

Standard Construction Contract Template for Switzerland

This is a comprehensive construction contract template designed for use in Switzerland, incorporating requirements from the Swiss Code of Obligations (OR) and aligned with SIA Norm 118 standards. The document establishes the legal framework for construction projects, detailing rights, obligations, and responsibilities of both the owner and contractor. It includes provisions for project execution, payment terms, quality standards, warranties, and dispute resolution mechanisms, while ensuring compliance with Swiss federal and cantonal construction regulations. The contract is structured to accommodate various types of construction projects while maintaining consistency with Swiss construction industry practices and legal requirements.

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What is a Standard Construction Contract?

The Standard Construction Contract serves as the primary agreement between property owners/developers and contractors for construction projects in Switzerland. It is designed to comply with Swiss law, particularly the Code of Obligations (Articles 363-379) and incorporates SIA Norm 118 standards. This document is essential for any construction project in Switzerland, whether residential, commercial, or industrial. It covers crucial aspects including scope of work, payment terms, quality requirements, timeline commitments, and risk allocation. The contract ensures proper documentation of construction arrangements while providing legal protection for all parties involved. It's particularly important given Switzerland's strict construction regulations and high quality standards in the building industry.

What sections should be included in a Standard Construction Contract?

1. Parties: Identification and details of the contracting parties (Owner/Employer and Contractor)

2. Background: Context of the construction project and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the contract

4. Scope of Work: Detailed description of the construction work to be performed

5. Contract Price: Agreement on pricing, including whether fixed price or cost-plus

6. Payment Terms: Payment schedule, methods, and conditions for payment

7. Project Timeline: Construction schedule, milestones, and completion dates

8. Contractor Obligations: Main responsibilities and duties of the contractor

9. Owner Obligations: Main responsibilities and duties of the owner

10. Quality Standards: Required quality levels and applicable standards (including SIA norms)

11. Site Access and Conditions: Rules and conditions for accessing and working on the construction site

12. Materials and Equipment: Specifications for materials and equipment to be used

13. Variations and Changes: Procedures for handling changes to the scope of work

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

15. Warranties: Warranty terms for the completed work

16. Termination: Conditions and procedures for contract termination

17. Dispute Resolution: Procedures for resolving disputes between parties

18. Governing Law: Specification of Swiss law as governing law and jurisdiction

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

1. Environmental Requirements: Specific environmental obligations and compliance requirements, used when project has significant environmental impact

2. Subcontractors: Rules and conditions for engaging subcontractors, used when subcontracting is permitted

3. Force Majeure: Provisions for unforeseen circumstances, used in longer-term or high-risk projects

4. Intellectual Property: IP rights and obligations, used when design or innovative construction methods are involved

5. Performance Bonds: Requirements for performance guarantees, used in larger projects

6. Liquidated Damages: Pre-agreed damages for specific breaches, used in time-critical projects

7. Storage and Security: Requirements for materials storage and site security, used in urban or sensitive locations

8. Temporary Works: Provisions for temporary structures and facilities, used in complex construction projects

What schedules should be included in a Standard Construction Contract?

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

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: Payment Schedule: Detailed payment terms and installment schedule

6. Schedule 6: Quality Control Plan: Specific quality control procedures and requirements

7. Schedule 7: Site Plan: Detailed site layout and access arrangements

8. Schedule 8: Health and Safety Plan: Safety procedures and SUVA compliance requirements

9. Appendix A: Required Permits: Copies of building permits and other regulatory approvals

10. Appendix B: Insurance Certificates: Copies of required insurance policies

11. Appendix C: Form of Performance Bond: Template for performance bond if required

12. Appendix D: Environmental Compliance: Environmental requirements and certificates

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

Healthcare Construction

Education Construction

Retail Construction

Hospitality Construction

Relevant Teams

Legal

Construction

Project Management

Commercial

Procurement

Risk Management

Technical Services

Operations

Development

Contract Administration

Relevant Roles

Construction Project Manager

Contract Manager

Legal Counsel

Project Director

Construction Manager

Site Supervisor

Quantity Surveyor

Procurement Manager

Risk Manager

Commercial Manager

Technical Director

Chief Engineer

Architect

Development Manager

Construction Lawyer

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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