The Construction Contract is a fundamental document for any building project in Switzerland, establishing the legal framework between the principal/owner and the contractor. It is essential for projects ranging from residential developments to commercial buildings and infrastructure works. The document must comply with Swiss federal law, particularly the Code of Obligations, and relevant cantonal regulations. It typically incorporates SIA norms (especially SIA 118) as industry-standard terms. The agreement should be used whenever engaging a contractor for construction works in Switzerland, ensuring clear definition of scope, responsibilities, quality standards, and risk allocation. It includes crucial elements such as payment terms, completion deadlines, warranty provisions, and dispute resolution mechanisms, all tailored to Swiss legal requirements and construction industry practices.
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1. Parties: Identification and details of the Principal/Owner and the Contractor
2. Background: Context of the construction project and purpose of the agreement
3. Definitions: Key terms used throughout the contract
4. Scope of Works: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Amount payable, payment schedule, and payment conditions
6. Project Timeline: Commencement date, completion date, and key milestones
7. Contractor's Obligations: Key responsibilities including quality standards, compliance with laws and regulations
8. Principal's Obligations: Access to site, permits, approvals, and other owner responsibilities
9. Site Conditions and Safety: Site management, safety requirements, and environmental protection measures
10. Variations and Changes: Process for requesting and implementing changes to the scope of work
11. Quality Control and Inspection: Quality standards, inspection procedures, and acceptance criteria
12. Defects Liability: Warranty period and rectification of defects
13. Insurance and Security: Required insurance coverage and performance security
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Process for resolving disputes, including mediation and arbitration
17. Governing Law: Confirmation of Swiss law application and jurisdiction
1. Intellectual Property Rights: Required when the project involves design elements or innovative construction methods
2. Environmentally Sustainable Construction: For projects with specific environmental certification requirements
3. Subcontracting: When subcontractors will be employed, defining approval processes and responsibilities
4. Liquidated Damages: When specific compensation for delay or performance failure needs to be pre-defined
5. Performance Bonds: When additional financial security is required
6. Archaeological Findings: For construction in historically sensitive areas
7. Neighboring Rights: When construction impacts adjacent properties
8. Confidentiality: For projects requiring specific confidentiality provisions
1. Technical Specifications: Detailed technical requirements and construction standards
2. Bill of Quantities: Itemized list of materials and works with quantities and rates
3. Construction Drawings: Approved architectural and engineering drawings
4. Project Timeline: Detailed project schedule with milestones and critical path
5. Payment Schedule: Detailed breakdown of payment installments and conditions
6. Site Plan: Detailed plan showing construction site boundaries and access points
7. Quality Assurance Plan: Detailed quality control procedures and standards
8. Health and Safety Plan: Detailed safety procedures and requirements
9. Environmental Management Plan: Environmental protection measures and compliance requirements
10. Form of Performance Bond: Template for required performance security
11. Insurance Requirements: Detailed insurance specifications and coverage requirements
12. List of Approved Subcontractors: Pre-approved subcontractors and their scope of work
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