Standard Forms of Contract in Construction for the Swiss market are essential documents that provide a structured and legally compliant framework for construction projects in Switzerland. These contracts are designed to align with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations and SIA norms, while incorporating international best practices in construction contract administration. The document is typically used when parties need a comprehensive, standardized agreement that covers all aspects of a construction project, from initial works to completion and defects liability period. It includes detailed provisions for risk allocation, payment mechanisms, quality control, and dispute resolution, all tailored to the Swiss legal environment. The contract form is particularly valuable for ensuring consistency across projects while maintaining compliance with Swiss construction regulations and industry standards.
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1. Parties: Identification and details of the contracting parties (Owner/Employer and Contractor), including full legal names, addresses, and registration details
2. Background: Context of the construction project, including the purpose and general nature of the works to be performed
3. Definitions: Definitions of key terms used throughout the contract, ensuring consistent interpretation
4. Scope of Works: Detailed description of the construction works to be performed, including general obligations of the contractor
5. Contract Documents: Hierarchy and list of documents forming part of the contract, including drawings, specifications, and applicable SIA norms
6. Contract Price and Payment Terms: Agreed price, payment schedule, variations, and payment procedures
7. Time for Completion: Project timeline, including commencement date, completion date, and provisions for extensions of time
8. Contractor's Obligations: Detailed responsibilities including workmanship, materials, site management, and compliance with laws and regulations
9. Employer's Obligations: Responsibilities of the employer including site access, permits, and information provision
10. Quality and Testing: Quality requirements, inspection procedures, and testing protocols
11. Variations: Procedures for handling changes to the scope of work and their impact on price and time
12. Health and Safety: Safety requirements and responsibilities in accordance with Swiss regulations and SUVA requirements
13. Insurance and Liability: Required insurance coverage and allocation of risks between parties
14. Defects Liability: Warranty period, rectification of defects, and final acceptance procedures
15. Termination: Grounds and procedures for contract termination by either party
16. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
17. Governing Law: Confirmation of Swiss law as governing law and relevant jurisdiction
1. Environmental Protection: Additional environmental requirements beyond standard regulations, used for projects with specific environmental sensitivities
2. Intellectual Property Rights: Provisions regarding design rights and other IP, particularly relevant for design-build contracts
3. Force Majeure: Specific provisions for unforeseen events, particularly important for long-term or high-risk projects
4. Bonds and Guarantees: Requirements for performance bonds or other financial securities, used for larger projects
5. Subcontracting: Detailed provisions regarding subcontractor appointment and management, for projects where significant subcontracting is anticipated
6. Site Conditions: Specific provisions regarding ground conditions and site investigations, important for projects with significant groundworks
7. Provisional Sums: Provisions for works that cannot be precisely defined at contract formation
8. Acceleration: Provisions for accelerating the works if required, useful for time-critical projects
1. Schedule 1 - Technical Specifications: Detailed technical requirements and performance specifications for the works
2. Schedule 2 - Drawings: List and copies of all approved construction drawings
3. Schedule 3 - Price Breakdown: Detailed breakdown of the contract price including bill of quantities
4. Schedule 4 - Project Timeline: Detailed program of works including key milestones and critical path
5. Schedule 5 - Key Personnel: List of key personnel from both parties including roles and responsibilities
6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
7. Schedule 7 - Forms of Certificates: Template forms for various certificates including completion and payment certificates
8. Schedule 8 - Site Information: Site details, access points, and relevant site conditions
9. Appendix A - SIA Norms: List of applicable SIA norms and standards
10. Appendix B - Permits and Approvals: Copies of relevant building permits and regulatory approvals
Authors
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Development
Industrial Construction
Infrastructure Development
Public Works
Healthcare Construction
Educational Facilities
Retail Development
Hospitality Construction
Transportation Infrastructure
Energy Infrastructure
Environmental Projects
Relevant Teams
Legal
Commercial
Operations
Procurement
Finance
Risk Management
Project Management
Construction Management
Technical Services
Quality Assurance
Health and Safety
Compliance
Business Development
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Commercial Director
Chief Financial Officer
Procurement Manager
Site Manager
Quantity Surveyor
Risk Manager
Technical Director
Operations Director
Compliance Officer
Business Development Manager
Cost Controller
Planning Engineer
Quality Assurance Manager
Health and Safety Manager
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