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Project Management Agreement (Construction)

Project Management Agreement (Construction) Template for Switzerland

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Key Requirements PROMPT example:

Project Management Agreement (Construction)

"I need a Project Management Agreement (Construction) for a large-scale hospital development project in Geneva, Switzerland, with a project value of CHF 200 million and construction period starting March 2025, including specific provisions for medical facility requirements and phased completion."

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Document background
The Project Management Agreement (Construction) is a specialized contract used when a client requires professional project management services for a construction project in Switzerland. It establishes the framework for the project manager's appointment, defining their authority to act on behalf of the client while complying with Swiss legal requirements, particularly the Code of Obligations and SIA norms. The agreement is essential for complex construction projects where professional project management is needed to coordinate multiple stakeholders, manage risks, and ensure successful project delivery. It includes detailed provisions for service scope, fee structures, reporting requirements, and risk allocation, while incorporating specific Swiss construction industry standards and practices. This document type is particularly important as it defines the mandate relationship under Swiss law and establishes clear lines of responsibility and authority within the project structure.
Suggested Sections

1. Parties: Identification of the Client and Project Manager, including full legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the project, and the client's intention to appoint the project manager

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Term: Formal appointment of the project manager, commencement date, and duration of services

5. Project Manager's Services: Detailed scope of services, including pre-construction, construction, and post-construction phase services

6. Project Manager's Authority: Extent and limitations of the project manager's authority to act on behalf of the client

7. Client's Obligations: Client's responsibilities, including provision of information, approvals, and decision-making timeframes

8. Project Parameters: Key project constraints including budget, timeline, quality standards, and sustainability requirements

9. Fee Structure and Payment: Project management fees, payment schedule, and mechanisms for fee adjustments

10. Standard of Care: Required standard of skill, care, and diligence in performing the services

11. Personnel and Resources: Key personnel commitments, staffing requirements, and resource allocation

12. Reporting and Communication: Reporting requirements, meeting schedules, and communication protocols

13. Insurance and Liability: Insurance requirements and limitations of liability

14. Intellectual Property: Ownership and usage rights of project documents and deliverables

15. Confidentiality: Obligations regarding confidential information and project data

16. Termination: Grounds for termination, termination process, and consequences

17. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions

18. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Design Review Services: Additional section when the project manager is responsible for design review services

2. Cost Control Services: Detailed provisions for cost management when the project manager has specific cost control responsibilities

3. Multiple Site Provisions: Additional provisions for projects involving multiple construction sites

4. Sustainability Management: Specific provisions for managing sustainability certifications and requirements

5. Public Authority Interface: Additional provisions for projects requiring significant interaction with public authorities

6. BIM Management: Specific provisions when the project involves BIM coordination responsibilities

7. Risk Management: Detailed risk management procedures for high-risk or complex projects

8. Quality Assurance: Specific quality management provisions for projects with special quality requirements

9. Procurement Management: Detailed procurement procedures when the project manager has significant procurement responsibilities

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all project management services and deliverables

2. Schedule 2 - Fee Schedule: Detailed fee calculation, payment milestones, and reimbursable expenses

3. Schedule 3 - Project Program: Project timeline, key milestones, and delivery dates

4. Schedule 4 - Key Personnel: CVs and commitment levels of key project team members

5. Schedule 5 - Client's Requirements: Detailed client brief and project requirements

6. Schedule 6 - Project Quality Plan: Quality management procedures and requirements

7. Schedule 7 - Reporting Templates: Standard formats for project reports and communications

8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and coverage levels

9. Schedule 9 - Project Organizational Chart: Structure and relationships between project participants

10. Appendix A - SIA Norms Application: Specific SIA norms applicable to the project and any modifications

11. Appendix B - Authorization Matrix: Decision-making and approval authorities for various project aspects

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
Approval
Authority
Business Day
Change Order
Client
Client's Representative
Commencement Date
Completion Date
Confidential Information
Construction Contract
Construction Documents
Construction Phase
Contractor
Defects
Deliverables
Design Team
Dispute
Effective Date
Fee
Force Majeure
Good Industry Practice
Governing Law
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Notice
Party/Parties
Performance Standards
Personnel
Pre-Construction Phase
Project
Project Budget
Project Manager
Project Program
Project Schedule
Project Site
Quality Standards
Reimbursable Expenses
Reports
Services
SIA Norms
Subconsultant
Substantial Completion
Swiss GAAP
Term
Termination Date
Third Party
Variation
Works
Clauses
Appointment
Authority and Limitations
Scope of Services
Standard of Care
Client Obligations
Project Management Fee
Payment Terms
Personnel
Subcontracting
Project Schedule
Reporting Requirements
Document Management
Quality Control
Cost Control
Risk Management
Health and Safety
Insurance
Liability and Indemnification
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Suspension
Termination
Assignment
Notices
Variations
Dispute Resolution
Governing Law
Entire Agreement
Severability
Third Party Rights
Amendment
Waiver
Counterparts
Relevant Industries

Real Estate

Construction

Infrastructure

Commercial Property

Residential Development

Industrial

Healthcare

Education

Hospitality

Retail

Data Centers

Renewable Energy

Public Sector

Relevant Teams

Legal

Construction

Project Management

Commercial

Risk & Compliance

Operations

Property Development

Procurement

Technical Services

Real Estate

Contracts Administration

Relevant Roles

Construction Project Manager

Development Director

Commercial Director

Legal Counsel

Contract Manager

Risk Manager

Chief Operating Officer

Technical Director

Construction Director

Property Developer

Facility Manager

Procurement Manager

Cost Manager

Client Representative

Project Director

Head of Construction

Real Estate Manager

Industries
Swiss Code of Obligations (OR): The primary source of contract law in Switzerland, particularly Articles 394-406 governing mandate agreements (which typically apply to project management services) and Articles 363-379 concerning work contracts (Werkvertrag)
Swiss Civil Code (ZGB): Contains fundamental provisions regarding property rights and real estate law, particularly relevant for construction projects
SIA Norm 102: Regulations governing project management services in construction projects, including scope of services, responsibilities, and fee structures
SIA Norm 118: General conditions for construction works, which often interact with project management responsibilities
Federal Construction Law (Raumplanungsgesetz, RPG): Federal framework for construction and planning law, affecting project management responsibilities regarding compliance with planning regulations
Cantonal Building Laws: Specific building regulations that vary by canton, which project managers must ensure compliance with
Federal Labor Law (Arbeitsgesetz): Relevant for managing work conditions and safety requirements on construction sites
Swiss Construction Safety Regulations (BauAV): Specific safety regulations for construction sites that project managers must ensure compliance with
Environmental Protection Act (USG): Regulations regarding environmental protection during construction projects, which project managers must consider
KBOB Document: Federal guidelines for construction project management in public projects, often used as reference in private projects as well
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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