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Construction Work Agreement

Construction Work Agreement Template for Switzerland

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Key Requirements PROMPT example:

Construction Work Agreement

"I need a Construction Work Agreement for a sustainable office building project in Zurich, with a value of CHF 15 million, starting March 2025, including specific provisions for LEED certification requirements and solar panel installation."

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Document background
The Construction Work Agreement is a fundamental document used in Swiss construction projects to establish a legally binding relationship between a principal (building owner) and a contractor. This agreement is essential when commissioning any significant construction work in Switzerland, whether for commercial, residential, or industrial purposes. The document must comply with Swiss federal law, particularly the Code of Obligations, as well as cantonal building regulations and industry standards (SIA norms). The Construction Work Agreement includes detailed provisions for scope of work, pricing, timelines, quality standards, warranties, and dispute resolution mechanisms. It serves as the primary reference document throughout the construction process, from project initiation to completion and defects liability period, incorporating necessary safeguards for all parties involved while ensuring alignment with Swiss legal requirements and construction industry best practices.
Suggested Sections

1. Parties: Identification and details of the Principal (building owner) and the Contractor, including full legal names, addresses, and registration numbers

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 agreement, including technical construction terminology

4. Scope of Work: Detailed description of the construction works to be performed, including reference to technical specifications

5. Contract Price and Payment Terms: Fixed price or measurement basis, payment schedule, retention, and invoice procedures

6. Time for Completion: Project timeline, completion date, and any milestone dates

7. Contractor Obligations: Key responsibilities including quality standards, compliance with laws, and site management

8. Principal Obligations: Responsibilities of the building owner, including site access and necessary permits

9. Variations: Process for handling changes to the scope of work and their impact on price and timeline

10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria

11. Defects Liability: Warranty period and process for rectifying defects

12. Insurance and Liability: Required insurance coverage and allocation of risks

13. Termination: Grounds and process for contract termination by either party

14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

15. Governing Law: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Performance Security: Requirements for bank guarantees or performance bonds, used for larger projects

2. Environmental Requirements: Specific environmental obligations and compliance requirements, necessary for projects with significant environmental impact

3. Health and Safety: Detailed health and safety requirements, recommended for complex or high-risk projects

4. Subcontracting: Rules and procedures for engaging subcontractors, needed if subcontracting will be permitted

5. Intellectual Property: IP rights provisions, particularly relevant for projects involving design elements

6. Force Majeure: Provisions for handling unforeseen circumstances, recommended for longer-term projects

7. Site Conditions: Specific provisions regarding site conditions and underground works, important for complex site situations

8. Materials and Equipment: Specific requirements for materials and equipment, useful for projects with special material requirements

Suggested Schedules

1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the construction works

2. Schedule 2 - Construction Drawings: Approved construction drawings and plans

3. Schedule 3 - Bill of Quantities: Detailed breakdown of quantities and prices for the works

4. Schedule 4 - Project Timeline: Detailed project schedule including milestones and critical path

5. Schedule 5 - Payment Schedule: Detailed payment terms, installments, and milestone payment conditions

6. Schedule 6 - Site Plan and Access Details: Site layout, access points, and logistics information

7. Schedule 7 - Quality Assurance Plan: Detailed quality control procedures and requirements

8. Schedule 8 - List of Approved Subcontractors: Pre-approved subcontractors for specific work packages

9. Appendix A - Forms and Certificates: Standard forms for variations, completion certificates, and other project documentation

10. Appendix B - Insurance Requirements: Detailed insurance specifications and coverage requirements

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Documents
Architect
As-Built Documents
Bill of Quantities
Building Permit
Cantonal Authorities
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Schedule
Contract Price
Contractor
Contractor's Equipment
Defects Liability Period
Deliverables
Design Documents
Drawings
Environmental Requirements
Force Majeure Event
Good Industry Practice
Governing Law
Health and Safety Plan
Insurance Requirements
Intellectual Property Rights
Interim Payment Certificate
Materials
Milestone Dates
Notice
Parties
Payment Schedule
Performance Security
Permits
Principal
Project
Project Manager
Project Site
Quality Assurance Plan
Retention Money
SIA Norms
Site Access
Specifications
Subcontractor
Substantial Completion
Technical Requirements
Variation
Work
Working Day
Clauses
Parties
Definitions
Interpretation
Scope of Work
Contract Price
Payment Terms
Time for Completion
Variations
Quality Control
Testing and Inspection
Materials and Workmanship
Site Access and Conditions
Contractor Obligations
Principal Obligations
Project Management
Documentation
Subcontracting
Health and Safety
Environmental Requirements
Insurance
Liability
Force Majeure
Suspension
Termination
Defects Liability
Warranties
Performance Security
Intellectual Property
Confidentiality
Permits and Licenses
Compliance with Laws
Records and Audits
Dispute Resolution
Governing Law
Notices
Assignment
Severability
Entire Agreement
Amendments
Waiver
Language
Counterparts
Relevant Industries

Construction

Real Estate

Infrastructure Development

Commercial Property

Residential Property

Industrial Construction

Public Works

Engineering

Architecture

Urban Development

Sustainable Building

Renovation and Restoration

Relevant Teams

Legal

Construction

Project Management

Commercial

Procurement

Finance

Operations

Technical

Risk & Compliance

Property Development

Design & Engineering

Quality Assurance

Contract Administration

Business Development

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Procurement Manager

Site Manager

Chief Engineer

Architect

Quantity Surveyor

Risk Manager

Commercial Director

Technical Director

Compliance Officer

Finance Manager

Operations Manager

Development Manager

Property Manager

Construction Lawyer

Chief Operating Officer

Project Control Manager

Industries
Swiss Code of Obligations (OR/CO): Articles 363-379 specifically govern work contracts (Werkvertrag). These provisions form the legal basis for construction contracts, covering aspects like contractor obligations, defects, warranty, and payment terms.
Federal Construction Law (BauG): Provides framework regulations for construction activities at the federal level, including building standards, permit requirements, and safety regulations.
Swiss Labor Law (ArG): Regulates working conditions, work hours, and safety requirements for construction workers, including specific provisions for construction site safety.
Environmental Protection Act (USG): Contains provisions regarding environmental impact of construction work, waste disposal, and noise regulations during construction.
SIA Norms (Swiss Society of Engineers and Architects): Industry-standard technical specifications and guidelines for construction works, particularly SIA 118 for general conditions for construction works.
Spatial Planning Act (RPG/LAT): Governs zoning and planning requirements that affect construction projects, including land use regulations and building restrictions.
SUVA Safety Regulations: Specific safety regulations and guidelines issued by the Swiss Accident Insurance Fund for construction sites and workers.
Cantonal Building Laws: Local building regulations that vary by canton, covering specific requirements for construction permits, building standards, and local restrictions.
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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