The Contract Agreement For Construction Work is a fundamental document used in the Swiss construction industry to establish legally binding obligations between a principal/employer and a contractor for the execution of construction works. This agreement is essential for any construction project in Switzerland, whether residential, commercial, or industrial. It must comply with the Swiss Code of Obligations (particularly Articles 363-379), relevant cantonal building laws, and typically incorporates SIA 118 norms. The document addresses all crucial aspects of a construction project, including scope definition, payment terms, quality standards, timeline, and risk allocation. It's particularly important as Swiss construction law operates within a complex framework of federal and cantonal regulations, requiring careful consideration of local building codes, environmental regulations, and safety standards. The agreement serves as the primary reference point for project execution and dispute resolution, making it essential for both private and public construction projects in Switzerland.
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Key Requirements PROMPT example:
Contract Agreement For Construction Work
"I need a Contract Agreement For Construction Work for a 5-story commercial building project in Zurich, Switzerland, with a value of 15 million CHF, including specific provisions for sustainable building standards and BIM implementation, with construction scheduled to commence in March 2025."
1. Parties: Identification and details of the Principal/Employer and the Contractor, including their full legal names, addresses, and registration details
2. Background: Context of the construction project, including the site location and general purpose of the works
3. Definitions: Defined terms used throughout the agreement, including technical construction terms and contract-specific definitions
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 SIA norms incorporation
6. Project Timeline: Commencement date, completion date, and key milestone dates for the construction works
7. Contract Price and Payment: Contract sum, payment schedule, variation procedures, and payment terms including retention provisions
8. Contractor's Obligations: Specific responsibilities including workmanship standards, material quality, site management, and compliance with laws
9. Principal's Obligations: Responsibilities of the Principal including site access, permits, and information provision
10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria for the works
11. Health and Safety: Safety requirements, SUVA compliance, and site safety management obligations
12. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions
13. Warranties: Warranty periods, defects liability period, and remedy procedures
14. Termination: Grounds for termination, termination procedures, and consequences
15. Dispute Resolution: Dispute resolution procedures, applicable law, and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Design Obligations: Required when the contract includes design responsibilities for the Contractor (design-build contracts)
2. Environmental Requirements: Needed for projects with specific environmental considerations or certifications
3. Subcontracting: Include when subcontracting is permitted, specifying approval requirements and conditions
4. Performance Security: Required when bank guarantees or performance bonds are part of the agreement
5. Force Majeure: Detailed force majeure provisions for high-risk or long-term projects
6. Intellectual Property: Necessary when the works involve design elements or proprietary methods
7. Building Information Modeling (BIM): Include for projects utilizing BIM technology and processes
8. Equipment and Materials Supply: Required when specific provisions for equipment procurement are needed
1. Schedule 1 - Scope of Works: Detailed technical specifications and description of the works
2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of the contract price including bill of quantities
3. Schedule 3 - Project Timeline: Detailed construction program including milestones and critical path
4. Schedule 4 - Technical Specifications: Detailed technical requirements and standards for materials and workmanship
5. Schedule 5 - Site Plan and Drawings: Construction drawings, site plans, and technical drawings
6. Schedule 6 - Key Personnel: List of key personnel from both parties with roles and responsibilities
7. Schedule 7 - Forms of Certificates: Templates for various certificates including completion certificates
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
9. Appendix A - Planning Permits: Copies of relevant building permits and authorizations
10. Appendix B - Environmental Requirements: Environmental compliance requirements and certifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Public Works
Healthcare Facilities
Educational Facilities
Hospitality
Retail Development
Transportation Infrastructure
Relevant Teams
Legal
Operations
Commercial
Construction
Project Management
Risk and Compliance
Finance
Procurement
Quality Assurance
Health and Safety
Technical Services
Business Development
Relevant Roles
Construction Manager
Project Director
Legal Counsel
Contract Manager
Commercial Director
Chief Executive Officer
Operations Director
Site Manager
Procurement Manager
Risk Manager
Quality Assurance Manager
Health and Safety Officer
Finance Director
Technical Director
Development Manager
Compliance Officer
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