Construction defects

The dispute between homeowner Walter Bigi and Meier painters and decorators (both names changed) has been dragging on for weeks. Bigi tasked Meier with painting work worth 10,000 Swiss francs. The contract was agreed verbally, and the instructions were to paint all the rooms in Bigi’s detached house. Once the work was complete, Bigi inspected it and was not satisfied. The wood was not properly covered in several places on the door frames and baseboards, resulting in damage. Bigi claimed that a number of patches appeared “cloudy” in daylight. The situation was particularly annoying for Bigi because his wife was heavily pregnant. The young couple wanted to move back into the freshly painted rooms after a week, but an initial rectification did not deliver the desired results. What rights does Walter Bigi have as the owner?

The customer must inspect completed work as quickly as possible and inform the contractor of any defects right away in detail, stating that they do not accept that the result is in accordance with the contract and that they wish to hold the contractor liable. This should not just be done verbally.

If the customer explicitly or tacitly approves the completed work, the contractor is released from their liability. This does not apply to defects that were not recognizable during acceptance and proper inspection, or to defects that were deliberately concealed by the contractor. If defects only become apparent at a later date, the customer must report them immediately on discovery.

If defects are found, the customer has various rights, for example to free repairs or a reduction in the price. As well as being obliged to report any defects right away, it is important to note the deadlines for asserting claims. Claims by the customer due to defects in work lapse two or five years after acceptance of the work. The duration is determined by the cause of the defect. However, depending on the basis for the defect, other limitation periods may apply. If work is not accepted or if the customer fails to complain immediately, there is a risk that the customer will forfeit their claims arising from these defects.

The craftsperson or building contractor is responsible for the work carried out. But is there really a defect in the Bigi case? Particularly when a conflict concerns painting or other renovation work, the issue often revolves around whether or not the recognized rules of building practice have been complied with. The crux of the matter is that in most cases, only trained experts can decide which references, data sheets or standards are relevant – and whether they have been observed. If Walter Bigi and Meier painters and decorators are unable to reach an agreement, one course of action is to consult a recognized expert. This specialist should be independent and professionally trained. Professional associations or other organizations can usually help with this.

People often underestimate what needs to be complied with in a construction project. There are a number of legal and other requirements to be observed, such as fire protection regulations and other safety requirements, energy laws and various technical standards and association specifications.

All of these requirements and regulations play a role in assessing whether a defect exists.

The scope and content of the work should be set out as clearly as possible in a contract before the start of the project.

There are a number of good examples of this in the field of painting in particular. For example, if the customer wants a new coat of paint in “pink,” this alone leaves room for interpretation. Once large areas of the house have been painted, the finished work may look quite different to what the customer had envisaged.

To prevent a dispute, the customer and the contractor should determine the color shade in accordance with defined standards, and then verify the actual appearance on the basis of quite large sample areas.

A contractor must adhere to the recognized rules of building practice and the various applicable specifications.

A customer can even invoke recognized rules of building practice if they are not expressly mentioned in the contract. This also applies to Mr. Bigi.

Reporting defects in a timely manner and consulting experts is just as important as drawing up a precise contract. Vague instructions can rapidly lead to misunderstandings, and you may find that the end result does not meet your expectations.