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General Construction Agreement

General Construction Agreement Template for Switzerland

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Key Requirements PROMPT example:

General Construction Agreement

"I need a General Construction Agreement for a sustainable office building project in Zurich, starting March 2025, with specific provisions for LEED certification requirements and BIM implementation, including clauses for performance guarantees related to energy efficiency standards."

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Document background
The General Construction Agreement serves as the primary contractual document for construction projects in Switzerland, establishing the legal relationship between the principal/owner and the contractor. This document is essential for any construction project, whether commercial, residential, or industrial, and must comply with Swiss federal and cantonal laws, including the Code of Obligations and SIA 118 standards. It contains detailed provisions for project execution, payment terms, quality requirements, warranties, and dispute resolution, while addressing specific Swiss construction regulations and environmental requirements. The agreement is particularly important as it provides legal certainty and risk allocation between parties, incorporating mandatory warranty periods and defects liability provisions specific to Swiss construction law.
Suggested Sections

1. Parties: Identification of the Principal/Owner and the Contractor, including full legal names, addresses, and registration details

2. Background: Context of the construction project, including property details and purpose of the works

3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terminology

4. Scope of Works: Detailed description of the construction works to be performed, including reference to specifications and drawings

5. Contract Price and Payment: Agreement on price, payment schedule, variations, and payment terms including retention

6. Project Timeline: Commencement date, completion date, milestones, and provisions for extensions of time

7. Contractor Obligations: Key responsibilities including workmanship, materials, supervision, and compliance with laws and standards

8. Principal Obligations: Responsibilities including site access, permits, approvals, and provision of necessary information

9. Quality and Standards: Required quality standards, reference to SIA norms, and inspection procedures

10. Warranties and Defects: Warranty periods, defects liability, and remediation procedures as per Swiss law

11. Insurance and Liability: Required insurance coverage and allocation of risks between parties

12. Work Safety and Environmental Protection: Safety requirements and environmental obligations under Swiss regulations

13. Termination: Grounds for termination, procedures, and consequences

14. Governing Law and Dispute Resolution: Confirmation of Swiss law application and dispute resolution procedures

Optional Sections

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

2. Subcontracting: Rules and procedures for engaging subcontractors, needed when subcontracting is anticipated

3. Intellectual Property: IP rights provisions, required when design elements or innovative construction methods are involved

4. Force Majeure: Provisions for unforeseen events, particularly relevant for longer-term projects

5. Sustainability Requirements: Special environmental or sustainability standards, used for green building projects

6. Building Information Modeling (BIM): BIM requirements and protocols, needed for projects using BIM technology

7. Site Conditions: Provisions dealing with underground conditions and existing structures, important for complex sites

8. Materials Supply: Specific provisions for material procurement and supply, relevant for projects with special material requirements

Suggested Schedules

1. Schedule 1: Technical Specifications: Detailed technical specifications of 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

4. Schedule 4: Project Timeline: Detailed project schedule including milestones

5. Schedule 5: Payment Schedule: Detailed payment terms and milestone payments

6. Schedule 6: Site Plan: Plan showing the construction site and access points

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

8. Schedule 8: List of Approved Subcontractors: Pre-approved subcontractors if applicable

9. Appendix A: Building Permits: Copies of relevant building permits and approvals

10. Appendix B: Insurance Certificates: Required insurance documentation

11. Appendix C: Form of Bank Guarantee: Template for required bank guarantees or bonds

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
Architect
As-Built Documents
Building Permit
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Schedule
Contract Price
Contractor
Defects
Defects Liability Period
Delivery Date
Design Documents
Engineer
Extension of Time
Final Acceptance
Force Majeure
Governing Law
Interim Payment Certificate
Materials
Milestone
Notice to Proceed
Owner
Payment Schedule
Performance Security
Permits
Principal
Project
Project Manager
Project Site
Quality Standards
Retention Money
SIA Standards
Site Access
Specifications
Subcontractor
Substantial Completion
Technical Specifications
Variation
Works
Warranty Period
Working Day
Clauses
Interpretation
Scope of Works
Contract Price
Payment Terms
Project Timeline
Extensions of Time
Variations
Quality Standards
Site Access
Materials and Equipment
Health and Safety
Environmental Protection
Permits and Approvals
Insurance
Performance Security
Warranties
Defects Liability
Force Majeure
Suspension
Termination
Liability and Indemnification
Intellectual Property
Confidentiality
Dispute Resolution
Assignment and Subcontracting
Notices
Governing Law
Compliance with Laws
Record Keeping
Site Conditions
Testing and Inspection
Completion and Acceptance
Risk Allocation
Building Standards
Construction Methods
Project Management
Documentation Requirements
Labor Requirements
Equipment Supply
Site Security
Utilities and Services
Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Real Estate Development

Public Works

Healthcare Construction

Educational Facilities

Retail Construction

Hospitality Construction

Mixed-Use Development

Sustainable Building

Relevant Teams

Legal

Operations

Construction

Project Management

Commercial

Procurement

Risk Management

Quality Assurance

Technical Services

Contract Administration

Real Estate

Compliance

Development

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Chief Operating Officer

Development Director

Project Manager

Site Manager

Procurement Manager

Risk Manager

Commercial Director

Technical Director

Compliance Officer

Quality Assurance Manager

Cost Controller

General Counsel

Construction Lawyer

Real Estate Manager

Industries
Swiss Code of Obligations (OR): Articles 363-379 OR specifically govern construction contracts (Werkvertrag). These provisions cover contract formation, contractor's obligations, client's obligations, liability, and warranty periods.
Swiss Civil Code (ZGB): Relevant for property rights, land registry matters, and neighboring rights that may affect construction projects.
SIA Standards (particularly SIA 118): The most important private construction standard in Switzerland, containing detailed provisions for construction contracts, including terms for acceptance, defects, payments, and deadlines.
Federal Construction and Planning Act (RPG): Governs spatial planning and construction requirements at the federal level, including zoning regulations and building permits.
Cantonal Building Laws: Each canton has its own building regulations that specify technical requirements, safety standards, and procedural rules for construction projects.
Federal Law on Occupational Safety and Health (ArG): Regulates workplace safety requirements that must be observed during construction work.
Environmental Protection Act (USG): Contains provisions regarding environmental impact of construction work, including noise regulations, waste disposal, and soil protection.
Federal Law on Product Safety (PrSG): Relevant for construction materials and equipment safety standards.
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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