The Agreement For Construction Work is a fundamental document for any construction project in Switzerland, establishing the legal and operational framework between the property owner/principal and the construction contractor. This agreement is essential when engaging a contractor for new building works, renovations, or significant modifications to existing structures. It must comply with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations and relevant SIA norms. The document typically includes detailed specifications of the works, pricing structures, timeline commitments, quality standards, warranty obligations, and risk allocation mechanisms. It's designed to protect both parties' interests while ensuring the project meets Swiss construction standards, safety requirements, and environmental regulations. The agreement becomes particularly critical for projects requiring building permits, involving multiple stakeholders, or having significant financial implications.
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Key Requirements PROMPT example:
Agreement For Construction Work
"I need an Agreement For Construction Work under Swiss law for a large-scale commercial office building project in Zurich, with a planned completion date of September 2025, including specific provisions for sustainable building practices and LEED certification requirements."
1. Parties: Identification and details of the Principal/Owner and the Contractor, including full legal names, addresses, and registration numbers
2. Background: Context of the construction project, including the property details and general purpose of the works
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms and contract-specific terminology
4. Scope of Works: Detailed description of the construction works to be performed, including reference to specifications and drawings
5. Contract Price: Agreement on pricing, whether fixed price or cost-plus, including payment terms, installments, and retention amounts
6. Timeline and Completion: Project schedule, milestone dates, completion criteria, and provisions for extensions of time
7. Contractor Obligations: Key responsibilities including workmanship standards, compliance with laws and SIA norms, site management, and safety requirements
8. Principal Obligations: Responsibilities of the property owner, including site access, permits, and timely provision of information
9. Variations: Process for managing changes to the scope of works, including pricing and timeline impacts
10. Quality and Inspection: Quality standards, inspection rights, and acceptance procedures
11. Defects and Warranties: Warranty periods, defects liability, and rectification procedures as per Swiss law
12. Insurance and Liability: Required insurance coverage and allocation of risks between parties
13. Termination: Grounds and procedures for contract termination, including consequences
14. Dispute Resolution: Procedures for resolving disputes, typically including mediation and arbitration provisions
15. General Provisions: Standard clauses including notices, governing law, and entire agreement provisions
1. Subcontracting: Rules and procedures for engaging subcontractors - include when subcontracting is anticipated
2. Environmental Requirements: Specific environmental obligations and standards - include for projects with significant environmental impact
3. Intellectual Property: Rights in design documents and innovations - include for projects involving custom designs or technology
4. Force Majeure: Provisions for unforeseen events - particularly relevant for longer-term projects
5. Financing and Security: Requirements for bank guarantees or other security - include when significant advance payments are involved
6. Site Conditions: Provisions dealing with unknown ground conditions - include for new construction or significant groundworks
7. Neighboring Properties: Obligations regarding adjacent properties - include in urban construction settings
8. Materials Supply: Specific provisions for material procurement and storage - include when materials are critical to project success
1. Schedule 1 - Technical Specifications: Detailed technical requirements and construction specifications
2. Schedule 2 - Drawings: Approved construction drawings and plans
3. Schedule 3 - Bill of Quantities: Itemized list of materials and works with quantities and prices
4. Schedule 4 - Project Timeline: Detailed project schedule with milestones and critical paths
5. Schedule 5 - Payment Schedule: Detailed breakdown of payment installments and conditions
6. Schedule 6 - Key Personnel: List of key personnel from both parties with roles and responsibilities
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage requirements
8. Schedule 8 - Site Rules: Site-specific rules and procedures including safety requirements
9. Appendix A - Permits and Approvals: Copies of relevant building permits and regulatory approvals
10. Appendix B - Form of Bank Guarantee: Template for required bank guarantees or performance bonds
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Infrastructure
Commercial Property
Residential Property
Industrial
Healthcare
Education
Hospitality
Retail
Manufacturing
Energy
Public Sector
Relevant Teams
Legal
Construction
Project Management
Procurement
Finance
Risk & Compliance
Property Development
Technical Services
Commercial
Operations
Health & Safety
Environmental
Relevant Roles
Construction Manager
Project Director
Chief Executive Officer
Legal Counsel
Contract Manager
Property Developer
Facilities Manager
Procurement Manager
Risk Manager
Financial Controller
Technical Director
Site Manager
Quantity Surveyor
Architect
Civil Engineer
Environmental Compliance Officer
Safety Manager
Commercial Director
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