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Master Service Agreement (Construction) Template for Switzerland

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Key Requirements PROMPT example:

Master Service Agreement (Construction)

I need a Master Service Agreement (Construction) for a commercial property development company planning to engage multiple contractors for a series of retail developments in Basel, with specific emphasis on sustainability requirements and BIM compliance.

Document background
The Master Service Agreement (Construction) is a foundational document used in the Swiss construction industry to establish a long-term contractual relationship between construction service providers and their clients. It is particularly suitable for ongoing construction projects or multiple projects with the same client, providing a standardized framework while allowing for project-specific details through supplementary documents. The agreement complies with Swiss federal and cantonal construction laws, incorporates SIA standards, and addresses key aspects such as quality requirements, safety regulations, and environmental compliance. This document type is essential for complex construction projects in Switzerland where multiple service elements need to be coordinated under a single governing agreement, offering both structure and flexibility in project execution.
Suggested Sections

1. Parties: Identification and details of the contracting parties including registration numbers and addresses

2. Background: Context of the agreement and brief description of the construction services to be provided

3. Definitions: Defined terms used throughout the agreement, including technical construction terminology

4. Scope of Services: Detailed description of construction services to be provided under the agreement

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Service Provider Obligations: Key responsibilities including compliance with standards, regulations, and project specifications

7. Client Obligations: Client's responsibilities including access, permits, and information provision

8. Quality Standards: Required quality levels and compliance with SIA standards and Swiss construction regulations

9. Health and Safety: Safety requirements and compliance with SUVA regulations and Swiss labor laws

10. Pricing and Payment Terms: Fee structure, payment schedule, and invoicing procedures

11. Changes and Variations: Process for handling changes to scope or specifications

12. Warranties and Guarantees: Construction warranties and performance guarantees as per Swiss law

13. Insurance and Liability: Required insurance coverage and liability limitations

14. Intellectual Property: Ownership and usage rights of project documentation and designs

15. Confidentiality: Protection of confidential information and trade secrets

16. Dispute Resolution: Process for resolving disputes under Swiss law

17. General Provisions: Standard legal clauses including notices, assignment, and governing law

Optional Sections

1. Environmental Compliance: Specific environmental obligations and sustainability requirements, included for projects with significant environmental impact

2. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term or high-risk projects

3. Performance Bonds: Requirements for performance security, included for high-value projects

4. Subcontracting: Rules and procedures for engaging subcontractors, included when subcontracting is anticipated

5. Testing and Commissioning: Specific procedures for testing completed works, included for complex technical installations

6. Maintenance Period: Post-completion maintenance obligations, included for projects requiring ongoing maintenance

7. Building Information Modeling (BIM): BIM requirements and protocols, included for projects using BIM technology

8. Local Content Requirements: Requirements for using local resources or suppliers, included when required by local regulations

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and scope of construction works

2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Schedule 3 - Project Timeline: Project schedule, milestones, and completion dates

4. Schedule 4 - Quality Management Plan: Detailed quality assurance and control procedures

5. Schedule 5 - Site Rules and Procedures: Site-specific regulations and operational procedures

6. Schedule 6 - Key Personnel: List of key personnel and their roles/responsibilities

7. Schedule 7 - Forms and Templates: Standard forms for variations, reports, and certificates

8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and coverage requirements

9. Appendix A - Technical Drawings: Construction drawings and technical specifications

10. Appendix B - Health and Safety Plan: Detailed health and safety procedures and requirements

11. Appendix C - Environmental Management Plan: Environmental protection measures and compliance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























































Clauses

















































Relevant Industries

Construction

Real Estate Development

Infrastructure Development

Commercial Property

Residential Property

Industrial Construction

Public Infrastructure

Healthcare Facilities

Educational Facilities

Hospitality

Retail Development

Transportation Infrastructure

Energy Infrastructure

Sports and Recreation Facilities

Relevant Teams

Legal

Operations

Commercial

Project Management

Procurement

Risk Management

Quality Assurance

Health and Safety

Technical

Business Development

Finance

Compliance

Executive Leadership

Construction Management

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Commercial Director

Chief Operating Officer

Project Manager

Site Manager

Procurement Manager

Risk Manager

Quality Assurance Manager

Health and Safety Officer

Technical Director

Business Development Manager

Operations Manager

Compliance Officer

Chief Executive Officer

Finance Director

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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