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Home Builder Contract

Home Builder Contract Template for Switzerland

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Key Requirements PROMPT example:

Home Builder Contract

"I need a Home Builder Contract for a luxury villa construction project in Zurich starting March 2025, with specific provisions for high-end materials, smart home integration, and compliance with local heritage protection laws due to the historical neighborhood location."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 Plans
Architect
Building Permit
Building Inspector
Cantonal Requirements
Certificate of Completion
Change Order
Client
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Schedule
Contract Price
Contractor
Defects Liability Period
Defects Notice
Delay Events
Design Documents
Dispute
Environmental Requirements
Extension of Time
Final Completion
Force Majeure
Governing Law
Intellectual Property Rights
Material Default
Milestone
Notice
Parties
Payment Schedule
Performance Standards
Practical Completion
Project
Project Manager
Property
Quality Standards
Retention Amount
SIA Norms
Site
Specifications
Subcontractor
Substantial Completion
Technical Documentation
Variation
Warranty Period
Work
Working Day
Clauses
Interpretation
Scope of Work
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Quality Standards
Warranties
Variations
Insurance
Indemnification
Health and Safety
Environmental Compliance
Site Access
Materials and Workmanship
Subcontracting
Project Management
Inspection and Testing
Completion and Handover
Defects Liability
Risk Allocation
Force Majeure
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Novation
Notices
Governing Law
Building Permits and Approvals
Performance Security
Labor Requirements
Documentation Requirements
Quality Assurance
Site Conditions
Utilities and Services
Progress Reporting
Compliance with Laws
Record Keeping
Entire Agreement
Relevant Industries

Construction

Real Estate

Architecture

Engineering

Building Materials

Insurance

Banking and Finance

Environmental Services

Property Development

Legal Services

Relevant Teams

Legal

Construction

Project Management

Real Estate

Risk and Compliance

Procurement

Finance

Quality Assurance

Environmental

Technical Services

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Real Estate Developer

Architect

Quantity Surveyor

Building Inspector

Construction Site Manager

Risk Manager

Insurance Manager

Procurement Manager

Environmental Compliance Officer

Quality Assurance Manager

Financial Controller

Industries
Swiss Code of Obligations (OR): Articles 363-379 specifically deal with 'Werkvertrag' (Contract for Work and Services), which is the legal framework for construction contracts. This includes provisions on contractor's obligations, client's rights, warranties, and defect remedies.
Federal Construction Law (Raumplanungsgesetz, RPG): Regulates spatial planning and construction at the federal level, including zoning requirements and building permits.
SIA Norm 118: While not legislation per se, these are standard terms for construction contracts in Switzerland, covering detailed provisions for construction projects including acceptance procedures, warranties, and payment terms.
Cantonal Building Laws: Each canton has its own building regulations that must be considered, including specific requirements for residential construction, safety standards, and environmental considerations.
Environmental Protection Act (Umweltschutzgesetz, USG): Contains provisions relevant to construction projects, including noise protection, soil pollution prevention, and waste management requirements.
Energy Law (Energiegesetz, EnG): Specifies energy efficiency requirements for new buildings, including insulation standards and heating system requirements.
Labor Law (Arbeitsgesetz, ArG): Relevant for construction projects as it governs working conditions, safety requirements, and worker protection on construction sites.
Swiss Civil Code (ZGB): Contains provisions regarding property rights, land registry, and neighborly rights that are relevant for construction projects.
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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