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A Subcontractor Agreement is a legally binding contract that lets a main contractor hand off specific parts of a project to another company or professional. In Switzerland, these agreements are especially common in construction, IT, and consulting sectors, where specialized expertise is often needed for complex projects.

Under Swiss law, this agreement outlines key details like payment terms, work scope, and quality standards while protecting both parties' interests. It creates clear accountability by spelling out deadlines, confidentiality rules, and liability limits. The contract must comply with Swiss Code of Obligations requirements, particularly regarding worker protection and social security obligations.

Use a Subcontractor Agreement when your company needs specialized skills or extra capacity but wants to maintain control over the final project. This commonly happens in Swiss construction projects, IT implementations, or consulting engagements where specific expertise is essential but hiring full-time employees isn't practical.

The agreement becomes crucial when coordinating multiple parties, especially for time-sensitive projects under Swiss regulations. It's particularly important when handling confidential information, managing complex deliverables, or when regulatory compliance requires clear documentation of roles and responsibilities. Having this agreement in place before work begins helps prevent disputes and ensures smooth project execution.

• Prime Subcontractor Agreement: Master agreement for large projects, covering comprehensive terms and coordination between multiple parties
• Professional Services Subcontractor Agreement: Specialized for consulting, IT, and professional service arrangements
• Subcontractor Confidentiality Agreement: Focuses on protecting sensitive information and trade secrets
• Independent Contractor Subcontractor Agreement: Tailored for individual freelancers or solo professionals
• Hold Harmless Agreement For Contractors: Addresses liability protection and risk allocation between parties

• Primary Contractors: Usually large construction firms, IT companies, or consulting agencies who need specialized help for parts of their projects
• Subcontractors: Specialized companies or professionals who perform specific tasks, from electrical work to software development
• Legal Counsel: Draft and review agreements to ensure compliance with Swiss labor laws and contractor regulations
• Project Managers: Oversee the implementation and coordinate between primary contractors and subcontractors
• Compliance Officers: Monitor adherence to Swiss workplace safety regulations and social security requirements
• End Clients: Ultimate beneficiaries who approve subcontractor involvement and often require transparency in project execution

• Basic Details: Gather full legal names, addresses, and registration numbers of both contractor and subcontractor
• Project Scope: Define specific tasks, deliverables, quality standards, and completion timelines
• Payment Terms: Determine rates, payment schedule, and conditions for additional costs or modifications
• Insurance Coverage: List required insurance types and minimum coverage amounts under Swiss regulations
• Performance Metrics: Establish clear quality benchmarks and acceptance criteria
• Compliance Check: Verify alignment with Swiss labor laws, social security requirements, and industry regulations
• Document Generation: Use our platform to create a legally-sound agreement that includes all mandatory elements

• Party Information: Complete legal names, addresses, and registration details of all involved parties
• Scope Definition: Detailed description of work, deliverables, and quality standards
• Payment Terms: Clear pricing, payment schedule, and conditions for modifications
• Duration Clause: Project timeline, milestones, and completion dates
• Liability Provisions: Risk allocation and insurance requirements under Swiss law
• Confidentiality Terms: Protection of trade secrets and sensitive information
• Termination Rights: Conditions for contract ending and notice periods
• Dispute Resolution: Swiss jurisdiction and applicable cantonal courts
• Compliance Statement: Adherence to Swiss labor laws and social security obligations

A Subcontractor Agreement differs significantly from a Contractor Agreement in several key aspects under Swiss law. While both deal with service provision, they serve distinct purposes and carry different legal implications.

• Contractual Relationship: Subcontractor Agreements involve three parties (client, main contractor, subcontractor), while Contractor Agreements are direct two-party relationships
• Legal Responsibility: In subcontracting, the main contractor remains liable to the client for all work, including the subcontractor's portion. Contractors are directly responsible to their clients
• Payment Structure: Subcontractors typically bill the main contractor, not the end client, often with different payment terms than the main contract
• Scope Definition: Subcontractor Agreements usually cover specific project components, while Contractor Agreements often encompass entire projects
• Risk Distribution: Subcontracting involves more complex liability chains and insurance requirements under Swiss law