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Construction Liability Waiver

Construction Liability Waiver Template for Switzerland

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Key Requirements PROMPT example:

Construction Liability Waiver

"I need a Construction Liability Waiver under Swiss law for a large-scale residential development project in Geneva, involving multiple subcontractors and requiring specific provisions for sustainable building materials and environmental compliance."

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Document background
The Construction Liability Waiver is a critical risk management tool used in Swiss construction projects to clearly define and limit the liability exposure of various parties involved in construction work. This document is particularly important in complex construction projects where multiple stakeholders are involved and significant risks need to be allocated and managed. It must comply with Swiss federal law, particularly the Swiss Code of Obligations (OR/CO Articles 363-379), cantonal construction regulations, and established industry standards (SIA norms). The waiver specifically addresses which liabilities can be limited or excluded while acknowledging non-waivable obligations under Swiss law, such as those arising from gross negligence or willful misconduct. It is typically used alongside main construction contracts and includes specific provisions for insurance requirements, compliance with safety regulations, and dispute resolution procedures.
Suggested Sections

1. Parties: Identification of all parties involved in the agreement, including the contractor, property owner, and any other relevant parties

2. Background: Context of the construction project and the purpose of the liability waiver

3. Definitions: Key terms used throughout the document, including technical construction terms and legal concepts

4. Scope of Work: Detailed description of the construction work covered by the liability waiver

5. Waiver of Liability: Specific provisions detailing which liabilities are being waived, subject to Swiss law limitations

6. Exceptions to Waiver: Clear statement of liabilities that cannot be waived under Swiss law, including gross negligence and willful misconduct

7. Insurance Requirements: Mandatory insurance coverage requirements for all parties

8. Duration and Applicability: Temporal scope of the waiver and specific circumstances under which it applies

9. Compliance with Laws: Acknowledgment of applicable Swiss federal and cantonal construction laws

10. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law

11. Signatures: Execution block for all parties to sign the waiver

Optional Sections

1. Subcontractor Provisions: Additional provisions for projects involving subcontractors, including flow-down of liability waivers

2. Hazardous Materials: Specific provisions for projects involving hazardous materials or environmental risks

3. Professional Services: Additional provisions for projects involving architectural or engineering services

4. Equipment and Materials: Specific provisions regarding liability for equipment and materials used in the project

5. Force Majeure: Provisions for unforeseeable circumstances affecting the project

6. Language Declaration: For multilingual contracts, specifying which language version prevails

7. Step-in Rights: Provisions allowing project takeover in specific circumstances

Suggested Schedules

1. Schedule A - Project Description: Detailed description of the construction project, including plans and specifications

2. Schedule B - Scope of Work: Detailed breakdown of construction activities covered by the waiver

3. Schedule C - Insurance Certificates: Copies of required insurance policies and certificates

4. Schedule D - Site Plan: Drawings and plans showing the construction site and affected areas

5. Schedule E - Risk Assessment: Detailed assessment of project risks and mitigation measures

6. Appendix 1 - SIA Norms: Relevant Swiss Society of Engineers and Architects standards applicable to the project

7. Appendix 2 - Safety Protocols: Specific safety procedures and requirements for the project

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 Development

Architecture

Engineering

Building Materials Manufacturing

Construction Equipment

Property Management

Infrastructure Development

Commercial Real Estate

Residential Development

Industrial Construction

Public Works

Relevant Teams

Legal

Risk Management

Construction Operations

Project Management

Procurement

Compliance

Health and Safety

Quality Assurance

Contract Administration

Insurance

Property Development

Technical Services

Relevant Roles

Construction Project Manager

Contract Manager

Legal Counsel

Risk Manager

Construction Site Supervisor

Procurement Manager

Insurance Manager

Compliance Officer

Project Director

Chief Operating Officer

Head of Construction

Property Developer

Architect

Structural Engineer

Quality Assurance Manager

Health and Safety Officer

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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