The Contract For Construction Work is a fundamental legal document used in Switzerland for managing construction projects of various scales and complexities. It serves as the primary agreement between the principal/owner and the contractor, establishing their respective rights, obligations, and responsibilities. The document is structured in accordance with Swiss law, particularly the Swiss Code of Obligations (Articles 363-379), and typically incorporates SIA norms, especially SIA 118, which are widely recognized standards in Swiss construction practice. This contract type is essential for any construction project in Switzerland, whether residential, commercial, or industrial, and includes detailed provisions for project execution, payment terms, quality standards, warranties, and dispute resolution. It ensures compliance with federal and cantonal construction regulations, workplace safety requirements, and environmental protection standards.
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1. Parties: Identification and details of the Principal/Owner and the Contractor, including 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: Definitions of key terms used throughout the contract, including technical terms and project-specific terminology
4. Scope of Works: Detailed description of the construction works to be performed, including general specifications and standards to be met
5. Contract Price and Payment Terms: Agreement on price (fixed or variable), payment schedule, invoicing procedures, and treatment of variations
6. Project Timeline: Construction schedule, key milestones, completion date, and provisions for extensions of time
7. Contractor Obligations: Key responsibilities including quality standards, material procurement, workforce management, and compliance with laws
8. Principal Obligations: Responsibilities of the principal including site access, permits, approvals, and provision of necessary information
9. Quality and Inspection: Quality standards, inspection procedures, acceptance criteria, and dealing with defective work
10. Variations: Process for handling changes to the scope of work, including pricing and approval procedures
11. Warranties and Defects Liability: Warranty periods, defects notification process, and remediation obligations
12. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions
13. Work Health and Safety: Safety requirements, responsibilities, and compliance with Swiss safety regulations
14. Termination: Grounds for termination, termination procedures, and consequences
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
16. General Provisions: Standard clauses including notices, governing law, language, and entire agreement provisions
1. Environmental Management: Required for projects with significant environmental impact, detailing environmental protection measures and compliance requirements
2. Subcontracting: Include when subcontracting is permitted, specifying approval requirements and contractor's responsibility for subcontractors
3. Performance Security: Required when bank guarantees or performance bonds are needed, specifying type and amount of security
4. Intellectual Property: Include for projects involving design elements or innovative construction methods
5. Force Majeure: Detailed force majeure provisions beyond standard terms, particularly relevant for long-term or complex projects
6. Site Conditions: Specific provisions for projects with challenging or unusual site conditions
7. Archaeological Findings: Required for construction in historically significant areas or where artifacts might be discovered
8. Public Interface: Include for projects in populated areas requiring management of public relations and access
1. Schedule 1 - Detailed Scope of Works: Comprehensive technical specifications, drawings, and work descriptions
2. Schedule 2 - Project Timeline: Detailed construction program including milestones and critical path activities
3. Schedule 3 - Price Schedule: Detailed breakdown of prices, rates for variations, and payment milestones
4. Schedule 4 - Site Plan and Access Details: Site boundaries, access points, and any restricted areas
5. Schedule 5 - Quality Management Plan: Detailed quality assurance procedures and acceptance criteria
6. Schedule 6 - Safety Management Plan: Detailed safety procedures, risk assessments, and emergency protocols
7. Schedule 7 - Required Insurances: Detailed insurance requirements including types, coverage amounts, and special conditions
8. Schedule 8 - Forms and Procedures: Standard forms for variations, payment claims, completion certificates, etc.
9. Appendix A - Technical Drawings: Complete set of construction drawings and technical details
10. Appendix B - Materials Specifications: Detailed specifications for all materials to be used in the construction
11. Appendix C - Permits and Approvals: Copies of all relevant permits, licenses, and regulatory approvals
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