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New Construction Agreement

New Construction Agreement Template for Switzerland

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Key Requirements PROMPT example:

New Construction Agreement

"I need a New Construction Agreement under Swiss law for a luxury hotel development in Zurich, with completion scheduled for December 2025, including specific provisions for sustainable building materials and LEED certification requirements."

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Document background
The New Construction Agreement is a foundational document used in Switzerland for establishing the legal and operational framework for new construction projects. It is designed to comply with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations and SIA norms, while providing comprehensive coverage of construction-specific requirements. This agreement is essential when a property owner or developer engages a contractor to undertake new construction works, whether for commercial, residential, or industrial purposes. The document typically includes detailed specifications for the construction work, payment structures, quality standards, timelines, and risk allocation between parties. It incorporates specific Swiss construction industry practices and standards, making it particularly suitable for projects within Swiss jurisdiction.
Suggested Sections

1. Parties: Identification and details of the property owner/employer and the contractor

2. Background: Context of the construction project and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Works: Detailed description of the construction works to be performed

5. Contract Price and Payment Terms: Total contract price, payment schedule, and payment conditions

6. Project Timeline: Construction schedule, completion dates, and milestones

7. Contractor's Obligations: Key responsibilities and obligations of the contractor

8. Employer's Obligations: Key responsibilities and obligations of the employer

9. Quality Standards and Materials: Required quality standards, material specifications, and compliance with SIA norms

10. Site Access and Conditions: Provisions regarding access to and use of the construction site

11. Variations and Changes: Procedures for handling changes to the scope of work

12. Inspections and Acceptance: Process for work inspection and acceptance procedures

13. Warranties and Defects Liability: Warranty terms and defect rectification obligations

14. Insurance and Liability: Required insurance coverage and liability allocation

15. Force Majeure: Provisions for unforeseen circumstances and their handling

16. Termination: Grounds and procedures for contract termination

17. Dispute Resolution: Procedures for resolving disputes

18. Governing Law: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Environmental Protection Measures: Specific environmental requirements and compliance measures, used when project has significant environmental impact

2. Subcontractors: Rules and conditions for engaging subcontractors, included when subcontracting is permitted

3. Performance Security: Requirements for performance bonds or guarantees, used for larger projects

4. Intellectual Property Rights: IP provisions, included when design elements or innovative construction methods are involved

5. Confidentiality: Confidentiality obligations, used when sensitive information is involved

6. Building Information Modeling (BIM): BIM requirements and protocols, included for projects using BIM

7. Permits and Approvals: Allocation of responsibility for obtaining permits, included when complex permitting is required

8. Financing Conditions: Special provisions related to project financing, used when external financing is involved

Suggested Schedules

1. Schedule 1 - Construction Drawings and Specifications: Detailed technical drawings and specifications for the construction

2. Schedule 2 - Bill of Quantities: Itemized list of quantities and prices for all construction elements

3. Schedule 3 - Construction Schedule: Detailed timeline with milestones and completion dates

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment installments and conditions

5. Schedule 5 - Site Plan and Access Routes: Plans showing the construction site and access arrangements

6. Schedule 6 - Quality Assurance Plan: Detailed quality control procedures and requirements

7. Schedule 7 - List of Approved Materials: Specifications of approved construction materials and suppliers

8. Schedule 8 - Form of Completion Certificate: Template for work completion certification

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and coverage requirements

10. Schedule 10 - Safety and Health Plan: Safety procedures and requirements for the construction site

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

Property Management

Infrastructure Development

Commercial Property

Residential Property

Industrial Construction

Public Sector Construction

Hospitality Construction

Healthcare Facility Construction

Educational Facility Construction

Retail Development

Relevant Teams

Legal

Construction

Project Management

Commercial

Procurement

Risk Management

Operations

Technical Services

Development

Compliance

Finance

Property Management

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Property Developer

Site Manager

Quantity Surveyor

Architect

Civil Engineer

Procurement Manager

Risk Manager

Commercial Director

Technical Director

Development Manager

Construction Director

Chief Operating Officer

Facilities Manager

Compliance 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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