Construction defects: warranty and deadlines
Inspecting the work
After a work is delivered, the client must inspect its condition as soon as feasible under the ordinary course of business, and notify the contractor of any defects found (art. 367 CO). This inspection duty applies mainly between professionals; courts tend to be more lenient with non-professional clients.
Notice of defects
A defect must be reported to the contractor without delay upon discovery. Late notice can cause the client to lose their warranty rights, the work then being deemed accepted with that defect. Defects that only appear later must be reported as soon as discovered, even after the work has been accepted.
The client's rights in case of defect
Under art. 368 CO, depending on the severity of the defect, the client can refuse the work and claim damages, demand free rectification by the contractor, or obtain a price reduction proportional to the loss in value. The choice between these rights depends on the severity of the defect and the circumstances.
Limitation periods
The client's warranty rights are time-barred after two years from acceptance of the work for movable structures, and after five years for defects in an immovable work such as a building (art. 371 CO referring to art. 210 CO). Fraud by the contractor extends this period under the general rules on limitation in cases of fraud.
Frequently asked questions
Within what time limit must I report a construction defect?
Without delay after discovering it (art. 367 CO). Late notice risks the client losing their warranty rights for that defect.
What is the limitation period for a defect in a building?
Five years from acceptance of the work for immovable structures, versus two years for movable works (art. 371 CO referring to art. 210 CO).
Can I demand that the defect be fixed rather than a price reduction?
Yes, in principle this choice is up to the client depending on the severity of the defect: rectification at the contractor's expense, price reduction, or in serious cases refusal of the work with damages (art. 368 CO).
What happens if I don't inspect the work upon delivery?
The work is presumed accepted for defects that should have been found on normal inspection, except for hidden defects that only appear later and must then be reported as soon as discovered.