The Standard Construction Contract serves as the primary agreement between property owners/developers and contractors for construction projects in Switzerland. It is designed to comply with Swiss law, particularly the Code of Obligations (Articles 363-379) and incorporates SIA Norm 118 standards. This document is essential for any construction project in Switzerland, whether residential, commercial, or industrial. It covers crucial aspects including scope of work, payment terms, quality requirements, timeline commitments, and risk allocation. The contract ensures proper documentation of construction arrangements while providing legal protection for all parties involved. It's particularly important given Switzerland's strict construction regulations and high quality standards in the building industry.
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1. Parties: Identification and details of the contracting parties (Owner/Employer and Contractor)
2. Background: Context of the construction project and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price: Agreement on pricing, including whether fixed price or cost-plus
6. Payment Terms: Payment schedule, methods, and conditions for payment
7. Project Timeline: Construction schedule, milestones, and completion dates
8. Contractor Obligations: Main responsibilities and duties of the contractor
9. Owner Obligations: Main responsibilities and duties of the owner
10. Quality Standards: Required quality levels and applicable standards (including SIA norms)
11. Site Access and Conditions: Rules and conditions for accessing and working on the construction site
12. Materials and Equipment: Specifications for materials and equipment to be used
13. Variations and Changes: Procedures for handling changes to the scope of work
14. Insurance and Liability: Required insurance coverage and liability allocation
15. Warranties: Warranty terms for the completed work
16. Termination: Conditions and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes between parties
18. Governing Law: Specification of Swiss law as governing law and jurisdiction
1. Environmental Requirements: Specific environmental obligations and compliance requirements, used when project has significant environmental impact
2. Subcontractors: Rules and conditions for engaging subcontractors, used when subcontracting is permitted
3. Force Majeure: Provisions for unforeseen circumstances, used in longer-term or high-risk projects
4. Intellectual Property: IP rights and obligations, used when design or innovative construction methods are involved
5. Performance Bonds: Requirements for performance guarantees, used in larger projects
6. Liquidated Damages: Pre-agreed damages for specific breaches, used in time-critical projects
7. Storage and Security: Requirements for materials storage and site security, used in urban or sensitive locations
8. Temporary Works: Provisions for temporary structures and facilities, used in complex construction projects
1. Schedule 1: Technical Specifications: Detailed technical requirements and specifications for the construction work
2. Schedule 2: Construction Drawings: Approved architectural and engineering drawings
3. Schedule 3: Bill of Quantities: Detailed breakdown of quantities and prices
4. Schedule 4: Project Timeline: Detailed construction schedule with milestones
5. Schedule 5: Payment Schedule: Detailed payment terms and installment schedule
6. Schedule 6: Quality Control Plan: Specific quality control procedures and requirements
7. Schedule 7: Site Plan: Detailed site layout and access arrangements
8. Schedule 8: Health and Safety Plan: Safety procedures and SUVA compliance requirements
9. Appendix A: Required Permits: Copies of building permits and other regulatory approvals
10. Appendix B: Insurance Certificates: Copies of required insurance policies
11. Appendix C: Form of Performance Bond: Template for performance bond if required
12. Appendix D: Environmental Compliance: Environmental requirements and certificates
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