What can I do about careless building work?
Poorly laid floors or cracks in the wall: it’s frustrating if tradespeople do a bad job. What you can do about careless builders.
22.08.2024
Adobe Stock/pitipat
1. What are the rules?
If you hire a tradesperson for a job, you enter into a contract for services. Contracts for services are regulated by Article 363 of the Code of Obligations.
Contracts for services often refer to SIA Standard 118. Here, the Swiss Society of Engineers and Architects (SIA) regulates the “general conditions for construction work”. If the contract contains this reference, the standard applies.
2. What are my rights in the case of careless traders?
Depending on the applicable requirements (Code of Obligations or SIA standard), your rights and obligations may differ slightly.
How the Code of Obligations regulates errors by tradespeople
The law stipulates that you should inspect the work immediately after completion. If you find any mistakes or problems, you must report them immediately. Otherwise, your claims against the trader will be forfeited. A five-year limitation period applies to immovable property such as buildings.
If the Code of Obligations applies, the burden of proof is on you as the client. In other words: you must prove that the work was carried out improperly.
Traders’ mistakes under SIA Standard 118
The SIA standard provides for a two-year “complaints period” for obvious defects. You can submit a complaint for “hidden defects” for up to five years.
SIA Standard 118 has one distinct advantage over the Code of Obligations: it reverses the burden of proof. This means the trader must prove that there are no defects.
You’ll notice an obvious defect straight away when carefully inspecting the work. An example of an obvious defect is a crack in the stove top.
A hidden defect, on the other hand, can’t be detected at first glance, even with careful inspection. For example: a slightly leaking water pipe, where the water leak only becomes visible after some time.
3. What can I do if I discover a defect?
Have you discovered any defects during the limitation period? You have the following options.
Make a list detailing all the defects and damages found. Photos can be helpful. Next, you should give the tradesperson a reasonable period of time to remedy the defect for each item listed.
Has a trader not responded to your complaint? If so, you can request a court order. Other traders can then remedy the defects. The fallible contractor will then have to pay these sometimes substantial costs.
What’s important is that you should not formally accept the work until the defects are rectified.
Is the defect only minor? Then it may be more hassle than it’s worth to schedule a fix. In this case, you have the option of leaving the defect in place. You can then request a price reduction.
Please note: you must agree on this amount together with the trader. The price reduction is usually very small.
Is the defect serious? Perhaps so much so that you’ve lost all confidence in the tradesperson? In extreme cases, you may refuse to accept the work. The tradesperson is then obliged to dismantle the work. This is usually not possible and is therefore hardly ever done.
In the Swiss Code of Obligations (CO), a distinction is made between minor and major defects.
You can still use work with less significant defects. For example: imagine you have hired a plumber to install a new bathtub. Although it is installed correctly, it’s the wrong colour.
A significant defect exists if you’re unable to use the work. For example: the joints around the bathtub are leaking. This means you can’t use the tub. Otherwise, water will leak into the wall.
A significant defect results in damages. For example: the water leaks into the wall and cracks form in the plaster.
4. How can I avoid careless traders?
Are you looking for the easiest way to avoid frustrating legal disputes due to poor work by traders? Then don’t let this happen in the first place. Comparis has some tips on how to do just that.
The easiest way to find the right trader is to ask your family and friends for recommendations. Maybe someone recently had a good experience and has a recommendation for you.
Are you particularly satisfied with your electrician and are now looking for a plumber? Ask a trader you already trust. They’re usually well versed, have suitable contacts and know what you are looking for.
Otherwise, it can be helpful to look online. Type the company into a search engine and see if there are any reviews.
Be sure to check the qualifications of the traders before entering into a contract. A professional tradesperson can at least present you a federal vocational diploma. This indicates that the trader has received sufficient training.
In most cases, tradespeople are members of a professional association (not available in English). These associations set requirements that companies must meet. Members who earn a negative reputation are excluded from most associations.
Still not sure whether you’ve found the right trader? Then ask for references. For example, previous projects or customers.
Check the progress regularly. In this way, you can complain about mistakes at an early stage and save both yourself and the trader a lot of extra work.
If you find a defect, document it and report it according to our guide.
If you don’t know the details of a construction project, you should consult an expert. They can help you better assess the quality of the work.
If a legal dispute arises, be sure to seek advice from a lawyer.
Every good working relationship starts with clear communication. The more precisely you can formulate your needs, the clearer the task will be for the trader. It also makes sense if you regularly discuss progress.
This article was first published on 21.07.2014
