The Project Management Agreement (Construction) is a specialized contract used when a client requires professional project management services for a construction project in Switzerland. It establishes the framework for the project manager's appointment, defining their authority to act on behalf of the client while complying with Swiss legal requirements, particularly the Code of Obligations and SIA norms. The agreement is essential for complex construction projects where professional project management is needed to coordinate multiple stakeholders, manage risks, and ensure successful project delivery. It includes detailed provisions for service scope, fee structures, reporting requirements, and risk allocation, while incorporating specific Swiss construction industry standards and practices. This document type is particularly important as it defines the mandate relationship under Swiss law and establishes clear lines of responsibility and authority within the project structure.
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1. Parties: Identification of the Client and Project Manager, including full legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the project, and the client's intention to appoint the project manager
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Appointment and Term: Formal appointment of the project manager, commencement date, and duration of services
5. Project Manager's Services: Detailed scope of services, including pre-construction, construction, and post-construction phase services
6. Project Manager's Authority: Extent and limitations of the project manager's authority to act on behalf of the client
7. Client's Obligations: Client's responsibilities, including provision of information, approvals, and decision-making timeframes
8. Project Parameters: Key project constraints including budget, timeline, quality standards, and sustainability requirements
9. Fee Structure and Payment: Project management fees, payment schedule, and mechanisms for fee adjustments
10. Standard of Care: Required standard of skill, care, and diligence in performing the services
11. Personnel and Resources: Key personnel commitments, staffing requirements, and resource allocation
12. Reporting and Communication: Reporting requirements, meeting schedules, and communication protocols
13. Insurance and Liability: Insurance requirements and limitations of liability
14. Intellectual Property: Ownership and usage rights of project documents and deliverables
15. Confidentiality: Obligations regarding confidential information and project data
16. Termination: Grounds for termination, termination process, and consequences
17. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
18. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Design Review Services: Additional section when the project manager is responsible for design review services
2. Cost Control Services: Detailed provisions for cost management when the project manager has specific cost control responsibilities
3. Multiple Site Provisions: Additional provisions for projects involving multiple construction sites
4. Sustainability Management: Specific provisions for managing sustainability certifications and requirements
5. Public Authority Interface: Additional provisions for projects requiring significant interaction with public authorities
6. BIM Management: Specific provisions when the project involves BIM coordination responsibilities
7. Risk Management: Detailed risk management procedures for high-risk or complex projects
8. Quality Assurance: Specific quality management provisions for projects with special quality requirements
9. Procurement Management: Detailed procurement procedures when the project manager has significant procurement responsibilities
1. Schedule 1 - Scope of Services: Detailed breakdown of all project management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee calculation, payment milestones, and reimbursable expenses
3. Schedule 3 - Project Program: Project timeline, key milestones, and delivery dates
4. Schedule 4 - Key Personnel: CVs and commitment levels of key project team members
5. Schedule 5 - Client's Requirements: Detailed client brief and project requirements
6. Schedule 6 - Project Quality Plan: Quality management procedures and requirements
7. Schedule 7 - Reporting Templates: Standard formats for project reports and communications
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and coverage levels
9. Schedule 9 - Project Organizational Chart: Structure and relationships between project participants
10. Appendix A - SIA Norms Application: Specific SIA norms applicable to the project and any modifications
11. Appendix B - Authorization Matrix: Decision-making and approval authorities for various project aspects
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