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Construction Agreement Between Owner And Builder

Construction Agreement Between Owner And Builder Template for Switzerland

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Key Requirements PROMPT example:

Construction Agreement Between Owner And Builder

"I need a Construction Agreement Between Owner and Builder for a luxury residential project in Geneva, Switzerland, with specific provisions for high-end finishes and smart home technology integration, planned to commence in March 2025."

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Document background
The Construction Agreement Between Owner And Builder is a crucial document used in Switzerland when a property owner engages a construction company to undertake building works. This agreement is essential for any construction project, whether residential, commercial, or industrial, and must comply with Swiss federal and cantonal laws. The document incorporates requirements from the Swiss Code of Obligations, local building regulations, and industry standards (SIA norms). It outlines all aspects of the construction project, including scope, pricing, timelines, quality requirements, and risk allocation. The agreement should be used whenever construction works are being commissioned, regardless of project size, though complexity may vary accordingly. It serves as the primary reference point for managing the relationship between owner and builder throughout the construction process and provides mechanisms for handling variations, disputes, and completion procedures.
Suggested Sections

1. Parties: Identification and details of the Owner and Builder, including full legal names, addresses, and registration details

2. Background: Context of the construction project, including property details and purpose of the construction

3. Definitions: Key terms used throughout the agreement, including technical construction terminology and contract-specific definitions

4. Scope of Works: Detailed description of the construction works to be performed, including references to plans and specifications

5. Contract Price and Payment Terms: Total contract value, payment schedule, retention amounts, and payment procedures

6. Timeline and Completion: Project schedule, completion dates, milestones, and provisions for extensions of time

7. Builder's Obligations: Key responsibilities including workmanship, materials, compliance with regulations, and site management

8. Owner's Obligations: Responsibilities including site access, permits, approvals, and timely decision-making

9. Quality and Standards: Required quality levels, reference to SIA norms, inspection procedures, and acceptance criteria

10. Variations: Procedures for changes to scope, pricing of variations, and approval process

11. Warranties and Defects: Warranty periods, defects liability, and remediation procedures as per Swiss law

12. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

13. Termination: Grounds and procedures for contract termination by either party

14. Dispute Resolution: Dispute resolution procedures, applicable law, and jurisdiction

15. General Provisions: Standard clauses including notices, assignment, and entire agreement provisions

Optional Sections

1. Performance Security: Requirements for bank guarantees or performance bonds, used for high-value projects

2. Environmental Requirements: Specific environmental obligations beyond standard regulations, used for environmentally sensitive projects

3. Neighbors' Rights: Special provisions regarding neighboring properties, used in dense urban settings

4. Intellectual Property: IP rights in designs and innovations, used for projects with unique architectural features

5. Financing Arrangements: Special provisions related to project financing, used when external financing is involved

6. Force Majeure: Extended force majeure provisions, recommended for long-term or complex projects

7. Phased Completion: Provisions for staged completion and occupancy, used for large multi-phase projects

8. Subcontracting: Detailed subcontracting provisions, used when significant subcontracting is anticipated

Suggested Schedules

1. Schedule 1 - Construction Plans and Drawings: Detailed architectural and engineering drawings approved for construction

2. Schedule 2 - Technical Specifications: Detailed specifications for materials, methods, and quality standards

3. Schedule 3 - Bill of Quantities: Itemized list of quantities and unit prices for all work elements

4. Schedule 4 - Project Timeline: Detailed construction schedule with milestones and critical path

5. Schedule 5 - Payment Schedule: Detailed breakdown of payment installments and timing

6. Schedule 6 - Site Rules and Safety Procedures: Site-specific safety requirements and operational procedures

7. Schedule 7 - Required Insurance Policies: Details of required insurance coverage and minimum amounts

8. Schedule 8 - Form of Warranties: Standard forms for warranties and guarantees

9. Appendix A - Building Permits and Approvals: Copies of all relevant permits and regulatory approvals

10. Appendix B - Environmental Requirements: Specific environmental compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Architecture

Engineering

Property Development

Infrastructure

Building Materials

Environmental Services

Project Management

Insurance

Relevant Teams

Legal

Construction

Project Management

Operations

Commercial

Risk and Compliance

Property Development

Procurement

Technical Services

Contract Administration

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Property Developer

Site Manager

Quantity Surveyor

Architect

Chief Executive Officer

Operations Director

Risk Manager

Commercial Director

Technical Director

Development 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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