The Home Builder Contract is a crucial legal document used in Switzerland when engaging a contractor for residential construction projects. It serves as the primary agreement governing the construction of new homes or substantial residential renovations, incorporating requirements from Swiss federal and cantonal laws, particularly the Code of Obligations (OR) and SIA Norm 118. This document is essential when a property owner wishes to engage a professional building contractor for construction works exceeding basic renovations or modifications. It includes detailed provisions for project scope, quality standards, timeline, payment structure, warranties, and risk allocation, while ensuring compliance with Swiss construction regulations, environmental requirements, and energy efficiency standards. The contract is designed to protect both the builder's and client's interests while providing a clear framework for project execution and dispute resolution.
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1. Parties: Identification of the Builder/Contractor and the Client/Owner, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including property details and brief project overview
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Works: Detailed description of the construction work to be performed, including references to plans and specifications
5. Contract Price and Payment Terms: Total contract price, payment schedule, and conditions for progress payments
6. Timeline and Completion: Project schedule, completion date, and provisions for extensions of time
7. Builder's Obligations: Comprehensive list of the builder's responsibilities, including quality standards and compliance requirements
8. Client's Obligations: Client's responsibilities including site access, approvals, and information provision
9. Variations: Process for requesting, approving, and implementing changes to the scope of work
10. Quality and Standards: Required construction standards, including compliance with SIA norms and local building regulations
11. Inspections and Acceptance: Procedures for work inspection, testing, and formal acceptance
12. Defects Liability: Warranty period, defects notification process, and remediation obligations
13. Insurance and Liability: Required insurance coverage and allocation of risks between parties
14. Termination: Grounds and procedures for contract termination by either party
15. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
16. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement clause
1. Environmental Requirements: Special environmental obligations and sustainability requirements, used when project has specific environmental targets or restrictions
2. Financing Conditions: Additional terms related to project financing, used when external financing is involved
3. Heritage Protection: Special provisions for projects involving protected buildings or sites
4. Subcontractors: Detailed provisions regarding subcontractor use and management, needed for larger projects
5. Performance Bond: Requirements for performance security, used for larger or high-risk projects
6. Staging and Multiple Phases: Provisions for staged completion, used when project is delivered in phases
7. Neighbors' Rights: Special provisions regarding neighboring properties, used in dense urban settings
8. Material Supply: Specific provisions about material procurement and supply, used when client supplies materials or for specific material requirements
1. Schedule 1 - Construction Plans and Drawings: Detailed architectural and engineering drawings approved for construction
2. Schedule 2 - Technical Specifications: Detailed specifications for materials, finishes, and construction methods
3. Schedule 3 - Payment Schedule: Detailed breakdown of payment stages and amounts
4. Schedule 4 - Construction Timeline: Detailed project schedule including milestones and critical path
5. Schedule 5 - Site Plan and Access: Site layout, access points, and temporary works locations
6. Schedule 6 - Building Permits and Approvals: Copies of all relevant permits and regulatory approvals
7. Schedule 7 - Insurance Certificates: Copies of required insurance policies and certificates
8. Schedule 8 - Quality Assurance Plan: Detailed quality control procedures and acceptance criteria
9. Appendix A - SIA Norm References: Applicable SIA norms and standards for the project
10. Appendix B - Environmental Management Plan: Environmental protection measures and waste management procedures
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