Joint Venture Construction Agreement

Joint Venture Construction Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Joint Venture Construction Agreement for a large-scale commercial development project in Zurich, where my Swiss construction company will partner with a German contractor for a 50-50 joint venture, with project completion planned for December 2025 and a value of CHF 100 million."

Document background

The Joint Venture Construction Agreement is a vital legal instrument used when multiple parties wish to collaborate on significant construction projects in Switzerland. This document is particularly relevant for complex construction projects requiring combined expertise, resources, and risk-sharing arrangements. The agreement must comply with Swiss federal and cantonal laws, including the Swiss Code of Obligations, Federal Construction Law, and relevant cantonal building regulations. It typically includes detailed provisions for project execution, profit sharing, governance structure, and risk allocation. The document is essential when construction companies want to pool their resources, share risks, and combine their expertise while maintaining separate legal identities. It's particularly useful for large-scale construction projects, infrastructure developments, or specialized construction works requiring multiple areas of expertise.

Suggested Sections

1. Parties: Identification of all joint venture partners and their registered details

2. Background: Context of the joint venture formation and construction project objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Joint Venture Structure: Legal form of JV, ownership percentages, and capital contributions

5. Management and Control: Governance structure, decision-making processes, and voting rights

6. Construction Scope and Specifications: Detailed description of the construction project and technical requirements

7. Roles and Responsibilities: Specific duties and obligations of each JV partner

8. Financial Provisions: Budget, cost sharing, profit distribution, and accounting principles

9. Project Timeline: Construction schedule, milestones, and completion dates

10. Quality Standards: Construction quality requirements and compliance with Swiss standards

11. Risk Allocation: Distribution of risks among JV partners and risk management procedures

12. Insurance and Liability: Required insurance coverage and liability allocation between partners

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

14. Term and Termination: Duration of JV agreement and grounds for termination

15. Confidentiality: Protection of confidential information and trade secrets

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

Optional Sections

1. Intellectual Property Rights: Include when JV involves significant IP contributions or development of new technologies

2. Environmental Compliance: Include for projects with significant environmental impact or specific environmental requirements

3. Local Community Relations: Include for projects affecting local communities or requiring community engagement

4. Supply Chain Management: Include when project involves significant procurement or supply chain coordination

5. Technology Transfer: Include when project involves transfer of construction technology or know-how

6. Force Majeure: Include detailed provisions for specific risk events relevant to the project location

7. Change Management: Include for complex projects likely to require significant variations

8. Step-In Rights: Include when certain partners need rights to take over others' responsibilities

9. Anti-Corruption Compliance: Include for projects with international partners or public sector involvement

Suggested Schedules

1. Schedule 1 - Project Specifications: Detailed technical specifications and construction requirements

2. Schedule 2 - Site Plans and Drawings: Construction site plans, architectural and engineering drawings

3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones and critical path

4. Schedule 4 - Budget and Cost Allocation: Detailed project budget and cost sharing mechanisms

5. Schedule 5 - Quality Management Plan: Quality control procedures and standards

6. Schedule 6 - Health and Safety Plan: Safety procedures and SUVA compliance requirements

7. Schedule 7 - Environmental Management Plan: Environmental protection measures and compliance procedures

8. Schedule 8 - Key Personnel: List of key personnel from each JV partner and their roles

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and coverage requirements

10. Schedule 10 - Forms of Certificates: Templates for various project certificates and approvals

11. Schedule 11 - Subcontractor Requirements: Standards and procedures for engaging subcontractors

12. Schedule 12 - Equipment Schedule: List of major equipment to be used and ownership details

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Engineering Services

Architecture and Design

Project Management

Construction Materials and Equipment

Relevant Teams

Legal

Construction

Project Management

Finance

Operations

Commercial

Risk and Compliance

Business Development

Technical Services

Procurement

Corporate Development

Strategy

Joint Venture Management

Contract Administration

Quality Assurance

Relevant Roles

Chief Executive Officer

Construction Director

Project Manager

Legal Counsel

Contract Manager

Chief Financial Officer

Risk Manager

Operations Director

Commercial Director

Technical Director

Construction Site Manager

Joint Venture Manager

Business Development Manager

Compliance Officer

Chief Operating Officer

Head of Construction

Senior Project Engineer

Construction Lawyer

Finance Director

Partnership Manager

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