Works Contract for Switzerland

Works Contract Template for Switzerland

A Swiss Works Contract (Werkvertrag) is a legally binding agreement governed by Articles 363-379 of the Swiss Code of Obligations, where a contractor commits to executing specific works or producing a particular result for an agreed remuneration. This contract type is fundamental in Swiss business practice, particularly in construction and manufacturing sectors. It includes detailed provisions for scope of work, quality standards, timelines, warranties, and acceptance procedures, while incorporating relevant SIA norms and Swiss regulatory requirements. The document provides comprehensive coverage of rights, obligations, and remedies under Swiss law, with particular attention to the statutory warranty period and strict liability provisions specific to Swiss jurisdiction.

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What is a Works Contract?

The Works Contract (Werkvertrag) is a specialized agreement used in Switzerland when one party (the contractor) undertakes to perform specific works or produce a defined result for another party (the client) in exchange for remuneration. This contract type is essential for projects ranging from construction and manufacturing to technical installations and custom-made products. It is governed by Swiss law, specifically Articles 363-379 of the Swiss Code of Obligations, and often incorporates SIA norms (Swiss Society of Engineers and Architects standards). The document is particularly important as it defines the scope of works, quality requirements, acceptance criteria, and warranty obligations, while addressing the unique aspects of Swiss contract law, including the statutory five-year warranty period for buildings and strict liability provisions. It's commonly used in both private and commercial contexts, requiring careful attention to regulatory compliance, technical specifications, and risk allocation.

What sections should be included in a Works Contract?

1. Parties: Identification and details of the contractor and the client

2. Background: Context of the agreement and general purpose of the works

3. Definitions: Defined terms used throughout the contract

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

5. Contract Price and Payment Terms: Amount payable, payment schedule, and payment conditions

6. Timeline and Completion: Project schedule, milestones, and completion criteria

7. Contractor's Obligations: Key responsibilities and duties of the contractor

8. Client's Obligations: Key responsibilities and duties of the client

9. Materials and Equipment: Provisions regarding procurement, quality, and ownership of materials

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

11. Acceptance Procedure: Process for inspection and acceptance of completed works

12. Warranties: Warranty terms as per Swiss law (including 5-year warranty period)

13. Liability and Insurance: Risk allocation, liability limits, and required insurance coverage

14. Force Majeure: Provisions for unforeseen circumstances and their consequences

15. Termination: Grounds and procedures for contract termination

16. Applicable Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

17. Notices: Communication procedures and contact details

18. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

What sections are optional to include in a Works Contract?

1. Site Access and Conditions: Used when works are performed at specific location(s), detailing access rights and site conditions

2. Permits and Approvals: Include when specific permits or regulatory approvals are required

3. Subcontracting: Include when subcontracting is permitted, specifying conditions and approval requirements

4. Intellectual Property Rights: Include when works involve creation of designs, software, or other IP

5. Environmental Requirements: Include for projects with significant environmental impact

6. Security Requirements: Include when contractor must provide performance bonds or other security

7. Variation Procedure: Include for complex projects where scope changes are likely

8. Dispute Resolution: Include specific arbitration or mediation procedures if desired as alternative to court proceedings

What schedules should be included in a Works Contract?

1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the works

2. Schedule 2 - Project Timeline: Detailed project schedule with milestones and deadlines

3. Schedule 3 - Pricing Schedule: Detailed breakdown of prices, rates, and payment milestones

4. Schedule 4 - Site Plan and Access Details: Plans and information about the work site

5. Schedule 5 - Quality Control Requirements: Specific quality standards, testing procedures, and acceptance criteria

6. Schedule 6 - Required Insurance Coverage: Details of insurance types and coverage levels required

7. Schedule 7 - Key Personnel: List of key personnel from both parties with roles and responsibilities

8. Schedule 8 - Form of Acceptance Certificate: Template for work acceptance documentation

9. Appendix A - Applicable SIA Norms: List of applicable SIA norms incorporated by reference

10. Appendix B - Required Permits and Licenses: List of required regulatory approvals and permits

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

Manufacturing

Engineering

Infrastructure

Energy

Technology Hardware

Telecommunications

Industrial Installation

Real Estate Development

Renewable Energy

Mining

Transportation

Maritime

Aerospace

Relevant Teams

Legal

Operations

Procurement

Finance

Engineering

Project Management

Quality Assurance

Risk Management

Commercial

Compliance

Technical Operations

Business Development

Facilities Management

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Construction Manager

Procurement Manager

Chief Operations Officer

Technical Director

Site Supervisor

Quality Control Manager

Risk Manager

Commercial Director

Chief Financial Officer

Engineering Manager

Compliance Officer

Business Development Manager

Facilities 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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