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Builder Development Agreement
"I need a Builder Development Agreement under Swiss law for a sustainable commercial office complex in Zurich, incorporating LEED certification requirements and renewable energy specifications, with construction scheduled to commence in March 2025."
1. Parties: Identification of the developer/owner and the builder, including their full legal names, addresses, and registration details
2. Background: Context of the development project, including property details and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of the construction and development works to be performed
5. Contract Price and Payment Terms: Payment structure, amounts, payment milestones, and invoicing procedures
6. Project Timeline: Construction schedule, key milestones, completion dates, and provisions for extensions of time
7. Builder's Obligations: Comprehensive list of builder's responsibilities, including compliance with laws and standards
8. Developer's Obligations: Developer's responsibilities including site access, permits, and approvals
9. Quality and Standards: Required quality standards, including compliance with SIA norms and inspection procedures
10. Variations: Process for handling changes to the scope of works and their cost implications
11. Defects and Warranties: Defect liability period, warranty terms, and rectification procedures
12. Insurance and Liability: Required insurance coverage and allocation of risks between parties
13. Termination: Grounds for termination and consequences thereof
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction under Swiss law
15. General Provisions: Standard legal provisions including notices, assignment, and entire agreement clauses
1. Environmental Management: Required for projects with significant environmental impact or specific environmental requirements
2. Site Security: Necessary for projects in sensitive locations or with specific security requirements
3. Intellectual Property Rights: Required when the development involves unique designs or proprietary construction methods
4. Community Relations: Important for projects in residential areas or with significant community impact
5. Force Majeure: Detailed provisions for handling unexpected events, particularly relevant in long-term projects
6. Financing Arrangements: Required when project involves specific financing structures or third-party funding
7. Sustainable Development Requirements: For projects targeting specific environmental certifications or sustainability standards
8. Heritage Protection: Required for developments affecting or near protected buildings or sites
1. Schedule 1 - Project Specifications: Detailed technical specifications and drawings for the development
2. Schedule 2 - Site Plan: Plans showing the development site, boundaries, and access points
3. Schedule 3 - Payment Schedule: Detailed breakdown of payment amounts, milestones, and conditions
4. Schedule 4 - Project Timeline: Detailed construction program including key milestones and critical path
5. Schedule 5 - Quality Assurance Plan: Specific quality control procedures and acceptance criteria
6. Schedule 6 - Required Insurances: Details of all required insurance policies and coverage levels
7. Schedule 7 - Form of Certificates: Templates for various certificates including practical completion and payment certificates
8. Schedule 8 - Environmental Management Plan: Environmental protection measures and monitoring procedures
9. Appendix A - Building Permits: Copies of all relevant building permits and approvals
10. Appendix B - SIA Norms: List of applicable SIA norms and standards for the project
Authors
Construction
Real Estate Development
Commercial Property
Residential Property
Infrastructure Development
Urban Planning
Sustainable Development
Industrial Development
Retail Development
Hospitality Development
Legal
Construction
Project Management
Property Development
Operations
Finance
Procurement
Risk & Compliance
Technical Services
Environmental
Quality Assurance
Construction Project Manager
Development Director
Chief Operating Officer
Contract Manager
Legal Counsel
Property Developer
Construction Manager
Quantity Surveyor
Site Manager
Environmental Compliance Officer
Risk Manager
Finance Director
Technical Director
Operations Manager
Procurement Manager
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