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Prime Subcontractor Agreement

Prime Subcontractor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Prime Subcontractor Agreement

"I need a Prime Subcontractor Agreement under Swiss law for an IT infrastructure project, where we'll be subcontracting software development work to a Geneva-based company starting March 2025, with specific focus on data protection and intellectual property rights."

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Document background
The Prime Subcontractor Agreement is essential for projects where specialized work needs to be delegated to third parties while maintaining overall project coordination and responsibility. This document type is commonly used in Switzerland and follows Swiss legal requirements, particularly the Swiss Code of Obligations (Obligationenrecht) and relevant industry-specific regulations. The agreement ensures clear delineation of responsibilities, establishes payment terms, quality requirements, and risk allocation between parties, while maintaining alignment with the main contract obligations. It includes provisions for project execution, quality control, warranty obligations, and dispute resolution mechanisms, making it suitable for complex projects across various industries. The document is particularly important for ensuring compliance with Swiss subcontracting regulations, social security requirements, and industry standards.
Suggested Sections

1. Parties: Identification and details of the Prime Contractor and Subcontractor, including company registration details and authorized representatives

2. Background: Context of the agreement, including reference to the main contract with the client and the need for subcontracting

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

4. Scope of Work: Detailed description of the works or services to be provided by the Subcontractor

5. Duration and Timeline: Contract duration, key milestones, and completion dates

6. Price and Payment Terms: Subcontract price, payment schedule, invoicing requirements, and payment conditions

7. Obligations of the Subcontractor: Key responsibilities, performance standards, reporting requirements, and compliance obligations

8. Obligations of the Prime Contractor: Prime Contractor's responsibilities, including provision of information, access, and materials

9. Quality and Standards: Quality requirements, applicable standards, and inspection procedures

10. Changes and Variations: Process for handling changes to scope, pricing, or timeline

11. Warranties and Defects: Warranty provisions, defect notification, and remediation procedures

12. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

13. Insurance: Required insurance coverage and minimum limits

14. Termination: Grounds for termination, termination procedures, and consequences

15. Confidentiality: Protection of confidential information and trade secrets

16. Governing Law and Dispute Resolution: Choice of Swiss law and dispute resolution mechanisms

17. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

1. Intellectual Property Rights: Include when the work involves creation or use of intellectual property

2. Health, Safety and Environment: Include for construction or industrial works

3. Security Requirements: Include when work involves access to sensitive areas or information

4. Personnel Requirements: Include when specific qualifications or certifications are required

5. Performance Bonds and Guarantees: Include when financial security is required

6. Export Control: Include when dealing with international trade or controlled items

7. Data Protection: Include when personal data processing is involved

8. Force Majeure: Include when specific risk allocation for extraordinary events is needed

9. Step-in Rights: Include when Prime Contractor needs right to take over Subcontractor's scope

10. Back-to-Back Provisions: Include specific flow-down provisions from main contract

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed technical specifications and requirements

2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and deadlines

4. Schedule 4 - Key Personnel: List of key personnel and their qualifications

5. Schedule 5 - Required Insurance: Detailed insurance requirements and minimum coverage

6. Schedule 6 - Quality Management Plan: Quality assurance and control procedures

7. Schedule 7 - Forms and Templates: Standard forms for notices, changes, and reports

8. Schedule 8 - Applicable Standards: List of applicable technical and industry standards

9. Appendix A - Main Contract Excerpts: Relevant provisions from the main contract that flow down

10. Appendix B - Site Rules and Procedures: Site-specific 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

Engineering

Information Technology

Manufacturing

Energy

Infrastructure

Telecommunications

Defense

Healthcare

Professional Services

Transportation

Mining

Oil and Gas

Aerospace

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Risk Management

Quality Assurance

Project Management Office

Supply Chain

Compliance

Technical Services

Business Development

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Procurement Manager

Commercial Director

Operations Manager

Risk Manager

Quality Assurance Manager

Technical Director

Finance Manager

Compliance Officer

Business Development Manager

Supply Chain Manager

Construction Manager

Program Director

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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