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Simple Subcontractor Agreement

Simple Subcontractor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Simple Subcontractor Agreement

"I need a Simple Subcontractor Agreement under Swiss law for an IT development project where we'll be engaging a software development company to provide three developers for a 6-month project starting March 2025, with specific IP protection requirements and remote working provisions."

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Document background
The Simple Subcontractor Agreement is essential for businesses operating in Switzerland who need to formally engage subcontractors for specific projects or services. This document, governed by Swiss law, particularly the Swiss Code of Obligations (OR), establishes clear contractual relationships while ensuring compliance with federal and cantonal regulations. The agreement is designed to protect both parties' interests by clearly defining work scope, payment terms, performance standards, and legal obligations. It's particularly valuable for projects requiring specialized expertise or additional workforce capacity, and can be adapted across various industries while maintaining compliance with Swiss legal requirements. The Simple Subcontractor Agreement includes provisions for insurance, liability, regulatory compliance, and dispute resolution, making it a comprehensive tool for managing subcontractor relationships in the Swiss business environment.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor with full legal names and addresses

2. Background: Context of the agreement, including reference to the main contract if applicable

3. Definitions: Key terms used throughout the agreement

4. Scope of Work: Detailed description of the services or work to be performed by the subcontractor

5. Term and Timeline: Duration of the agreement and key milestone dates

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

7. Obligations of the Subcontractor: Key responsibilities, quality standards, and performance requirements

8. Obligations of the Main Contractor: Main contractor's duties, including provision of information and materials

9. Personnel and Resources: Requirements regarding staff, equipment, and materials

10. Compliance with Laws: Obligation to comply with relevant Swiss laws and regulations

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

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds and procedures for ending the agreement

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Intellectual Property Rights: Required when the subcontracted work involves creation of intellectual property

2. Data Protection: Necessary when personal data processing is involved, ensuring FADP compliance

3. Non-Competition: Optional restrictions on subcontractor's competitive activities

4. Work Permits and Immigration: Required when foreign workers are involved

5. Quality Control and Testing: Relevant for technical or construction projects

6. Performance Bonds: Required for high-value or high-risk projects

7. Force Majeure: Optional clause for handling unforeseen circumstances

8. Environmental Compliance: Required for projects with environmental impact

9. Health and Safety: Detailed requirements for high-risk work environments

Suggested Schedules

1. Schedule A - Scope of Works: Detailed technical specifications and requirements

2. Schedule B - Payment Schedule: Detailed breakdown of payments, milestones, and rates

3. Schedule C - Timeline: Detailed project schedule and milestones

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

5. Schedule E - Required Insurance: Specific insurance requirements and coverage levels

6. Appendix 1 - Technical Specifications: Detailed technical requirements and standards

7. Appendix 2 - Form of Invoice: Template for submitting invoices

8. Appendix 3 - Compliance Certificates: Required certifications and compliance documents

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
Background IP
Business Day
Commencement Date
Completion Date
Confidential Information
Contract Price
Defects Liability Period
Deliverables
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Main Contract
Main Contractor
Materials
Milestone
Payment Schedule
Performance Standards
Project
Project Manager
Project Owner
Quality Standards
Representatives
Schedule of Rates
Scope of Work
Services
Site
Specifications
Subcontractor
Substantial Completion
Term
Timeline
Variation
Works
Work Product
Working Hours
Clauses
Interpretation
Appointment
Term and Duration
Scope of Services
Subcontractor Obligations
Main Contractor Obligations
Personnel
Payment Terms
Invoicing
Performance Standards
Quality Assurance
Reporting and Supervision
Materials and Equipment
Health and Safety
Insurance
Liability and Indemnity
Warranties
Intellectual Property
Confidentiality
Data Protection
Regulatory Compliance
Records and Audits
Force Majeure
Suspension
Termination
Assignment and Subcontracting
Variations
Dispute Resolution
Notices
Governing Law and Jurisdiction
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Anti-Corruption
Language
Counterparts
Relevant Industries

Construction

Information Technology

Manufacturing

Professional Services

Engineering

Telecommunications

Industrial Services

Facilities Management

Real Estate Development

Energy

Infrastructure

Transportation

Healthcare

Research and Development

Relevant Teams

Legal

Procurement

Operations

Commercial

Risk and Compliance

Project Management Office

Supply Chain

Business Development

Contract Administration

Technical Services

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Procurement Manager

Operations Director

Commercial Manager

Business Development Manager

Risk Manager

Compliance Officer

Technical Director

Construction Manager

Site Supervisor

Account Manager

General Counsel

Chief Operating Officer

Program Manager

Supply Chain Manager

Industries
Swiss Code of Obligations (OR): The primary source of contract law in Switzerland, governing formation, performance, and termination of contracts, including specific provisions for work contracts (Werkvertrag) and service contracts (Auftrag)
Federal Act on Value Added Tax (VAT Act): Regulates VAT obligations in business relationships, including subcontracting arrangements and service provision
Federal Act on Foreign Nationals and Integration (FNIA): Relevant for subcontractors employing foreign workers, ensuring compliance with work permit requirements
Federal Act on Workers' Compensation Insurance (UVG): Mandates accident insurance coverage for workers, including subcontracted employees
Federal Act on Social Insurance (AHVG): Governs social security contributions and obligations for all workers, including subcontractors
Federal Act on Posted Workers (EntsG): Applies to foreign subcontractors posting workers to Switzerland, ensuring minimum working conditions
Federal Act on Professional Education and Training: Relevant for ensuring subcontractors meet required professional qualifications and standards
Federal Act on Data Protection (FADP): Governs the handling of personal data in business relationships, including subcontracting arrangements
Cantonal Construction Laws: Local regulations affecting construction subcontracting, varying by canton
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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