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Builder Development Agreement Template for Switzerland

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Key Requirements PROMPT example:

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."

Document background
The Builder Development Agreement is a crucial document used in Swiss construction projects to establish the legal and operational framework between developers and builders. It is particularly important given Switzerland's complex regulatory environment, which includes federal laws, cantonal regulations, and industry standards (SIA norms). This agreement type is essential when undertaking significant construction projects, whether commercial, residential, or industrial. The document addresses key aspects such as construction specifications, timelines, payment structures, quality requirements, and risk allocation, while ensuring compliance with Swiss construction and environmental laws. Typically used at the commencement of major development projects, the Builder Development Agreement serves as the primary contract governing the entire construction phase, incorporating necessary provisions for permits, approvals, and local authority requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions










































Clauses









































Relevant Industries

Construction

Real Estate Development

Commercial Property

Residential Property

Infrastructure Development

Urban Planning

Sustainable Development

Industrial Development

Retail Development

Hospitality Development

Relevant Teams

Legal

Construction

Project Management

Property Development

Operations

Finance

Procurement

Risk & Compliance

Technical Services

Environmental

Quality Assurance

Relevant Roles

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

Industries









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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