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Contractor Subcontractor Contract Agreement

Contractor Subcontractor Contract Agreement Template for Switzerland

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Key Requirements PROMPT example:

Contractor Subcontractor Contract Agreement

"I need a Contractor Subcontractor Contract Agreement under Swiss law for an IT services project where my company will be subcontracting software development work to a specialized development firm, with project completion expected by June 2025 and including specific provisions for intellectual property rights and data protection."

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Document background
The Contractor Subcontractor Contract Agreement is essential for businesses operating in Switzerland that need to formalize relationships with specialized service providers or work contractors. This document is particularly crucial when a main contractor needs to delegate specific portions of a larger project or contract to specialized subcontractors while maintaining overall project responsibility. The agreement ensures compliance with Swiss legal requirements, including the Swiss Code of Obligations and relevant industry regulations, while clearly defining the scope of work, payment terms, liability provisions, and quality standards. It's designed to protect both parties' interests while maintaining clarity about the independent nature of the relationship, crucial for Swiss social security and tax purposes. The document is adaptable across various industries and can be customized to specific project requirements while maintaining its core legal framework under Swiss jurisdiction.
Suggested Sections

1. Parties: Identification and details of the Contractor and Subcontractor, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including reference to the main contract and the need for subcontracting

3. Definitions: Defined terms used throughout the agreement, including Project, Services, Works, and other key terms

4. Scope of Work: Detailed description of the services or works to be performed by the Subcontractor

5. Duration and Timelines: Contract term, commencement date, completion dates, and any milestone deadlines

6. Payment Terms: Compensation, payment schedule, invoicing requirements, and payment conditions

7. Subcontractor Obligations: Key responsibilities, quality standards, reporting requirements, and compliance obligations

8. Contractor Obligations: Support, access, information, and materials to be provided by the Contractor

9. Independent Contractor Status: Clear statement of independent contractor relationship and tax/social security implications

10. Personnel and Subcontracting: Requirements for personnel, qualifications, and any restrictions on further subcontracting

11. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

12. Intellectual Property: Ownership and rights related to work products, existing IP, and new developments

13. Confidentiality: Protection of confidential information and trade secrets

14. Termination: Grounds for termination, notice requirements, and consequences of termination

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

16. General Provisions: Standard legal provisions including notices, amendments, and entire agreement

Optional Sections

1. Health and Safety: Detailed safety requirements and procedures, particularly relevant for construction or industrial projects

2. Environmental Compliance: Environmental obligations and standards, important for projects with environmental impact

3. Quality Control: Specific quality assurance procedures and standards, relevant for manufacturing or technical services

4. Equipment and Materials: Provisions regarding supply, maintenance, and ownership of equipment and materials

5. Site Access and Security: Rules for accessing work sites and security requirements, relevant for on-site work

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-risk projects

7. Performance Bonds: Requirements for performance guarantees or bonds, typically for high-value contracts

8. Warranty: Extended warranty provisions beyond statutory requirements, relevant for construction or product delivery

9. Data Protection: Specific data protection obligations when personal data processing is involved

10. Currency and Exchange Rates: Provisions for international contracts involving multiple currencies

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and requirements for the works or services

2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and delivery dates

4. Schedule 4 - Key Personnel: List of key personnel and their qualifications

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts

6. Schedule 6 - Health and Safety Requirements: Specific health and safety procedures and requirements

7. Schedule 7 - Quality Standards: Applicable quality standards, testing procedures, and acceptance criteria

8. Schedule 8 - Forms and Templates: Standard forms for progress reports, invoices, and other routine documentation

9. Appendix A - Main Contract Excerpts: Relevant provisions from the main contract that apply to the subcontractor

10. Appendix B - Technical Drawings and Specifications: Technical documents, drawings, and specifications relevant to the works

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 Personnel
Background IP
Business Day
Change Order
Commencement Date
Completion Date
Confidential Information
Contract Price
Contractor
Contractor Materials
Defects
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Governing Law
Insurance Requirements
Intellectual Property Rights
Key Personnel
Main Contract
Milestone
Notice
Payment Schedule
Performance Standards
Project
Project Manager
Project Owner
Project Site
Quality Standards
Representatives
Schedule of Rates
Scope of Work
Services
Site Rules
Specifications
Subcontractor
Subcontractor Materials
Term
Termination Date
Third Party
Time for Completion
Variation
Works
Work Order
Work Product
Clauses
Interpretation
Appointment
Duration
Scope of Work
Subcontractor Obligations
Contractor Obligations
Performance Standards
Payment Terms
Invoicing
Personnel
Supervision
Quality Control
Health and Safety
Equipment and Materials
Site Access
Progress Reporting
Variations
Insurance
Liability
Indemnification
Intellectual Property
Confidentiality
Data Protection
Independent Contractor Status
Force Majeure
Termination
Suspension
Warranties
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Compliance
Environmental Protection
Record Keeping
Audit Rights
Entire Agreement
Severability
Waiver
Amendments
Relevant Industries

Construction

Engineering

Information Technology

Manufacturing

Professional Services

Industrial Services

Energy

Infrastructure

Telecommunications

Real Estate Development

Architecture

Building Services

Environmental Services

Relevant Teams

Legal

Procurement

Operations

Commercial

Project Management

Risk and Compliance

Technical Services

Quality Assurance

Supply Chain

Contract Administration

Business Development

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Procurement Manager

Operations Director

Commercial Director

Construction Manager

Site Supervisor

Technical Director

Quality Assurance Manager

Risk Manager

Compliance Officer

Business Development Manager

Supply Chain Manager

Chief Operating Officer

Industries
Swiss Code of Obligations (OR): The primary source of contract law in Switzerland, particularly Articles 363-379 governing work contracts (Werkvertrag) and Articles 394-406 governing service contracts (Auftrag)
Federal Act on Work in Industry, Trade and Commerce (Labor Law): Regulates working conditions, health protection, and workplace safety requirements that may apply to subcontractors
Federal Law on Social Security (AHVG): Governs social security obligations and distinctions between independent contractors and employees
Swiss Civil Code: Contains general principles of law and personality rights that may affect the contractual relationship
Federal Act on Product Safety: Relevant for construction and manufacturing subcontracts, establishing safety standards and liability
Federal Law on Value Added Tax: Governs VAT obligations and requirements for billing between contractors and subcontractors
Federal Act on Posted Workers: Applicable when foreign subcontractors are involved, ensuring compliance with Swiss working conditions
Construction Industry Collective Employment Agreement: If applicable to the specific sector, provides mandatory minimum working conditions and wages
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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