Botched construction: What you can do if there are construction defects

The colloquial expression “botched construction” usually refers to construction defects. This always occurs in a construction project when the final result does not match what was envisioned in the plan. There are different types of construction defects that can arise after the construction process:

• Missing features: A feature or structure agreed upon in the construction contract was not built.
• Obvious construction defects: These are construction defects that are visible to the naked eye (e.g., an incorrectly constructed wall).
• Hidden construction defects: These defects are more difficult to detect and are sometimes not even visible during the acceptance process. These could include, for example, a leaky roof.

Construction defects can occur not only during, but also before the construction phase. In fact, planning errors are not uncommon. Botched construction can have serious consequences. As a building owner or contractor, you ultimately don’t get what was agreed upon and what you paid for. Construction defects not only reduce the value of the property but can also cause other long-term problems.

For example: The windows and doors in a new building were not properly sealed. This isn’t immediately apparent and therefore isn’t recognized as a construction defect during the inspection. In the cold winter months, it becomes apparent that something is wrong because heating costs are excessively high.

Botched construction work can occur for a variety of reasons. The fault lies either with the construction company itself or with its subcontractors. Poor workmanship results in certain parts of the project not being executed correctly. It doesn’t always have to be a dubious company – often, it’s simply a lack of focus or unsuitable materials. These are the most common reasons for shoddy construction work:

• Substandard materials
• Incorrect execution
• Lack of expertise
• Planning errors

The good news: Building owners and property owners don’t have to simply accept construction defects and poor workmanship. Defects can be reported and must be remedied by the contractor. However, it is important that you, as the building owner or property owner, act immediately. If you notice a mistake or construction defect, you must act as quickly as possible – otherwise, it can be difficult to enforce your claims. Therefore, it is especially important that you carefully conduct the construction acceptance inspection after completion of the construction project. Depending on the terms of the construction contract, a construction acceptance inspection may even be mandatory. If SIA Standard 118 applies, a joint acceptance inspection with the building owner and contractor is required after completion of the building. All problems should be documented in writing in an acceptance or defect report.

Even if the Swiss Code of Obligations (CO) applies, a thorough inspection should be conducted – in this case, the contractor is not required to be present. However, the building owner is free to call in a specialist. In many cases, this makes sense, as an experienced appraiser or construction expert is more likely to detect construction defects than a layperson. These should also be documented in writing or with photos or videos.

A good contract protects building owners and clients from poorly executed work. Construction defects can be objected to, regardless of whether SIA Standard 118 was agreed upon in the construction contract or whether the Swiss Code of Obligations applies. While the latter places somewhat greater obligations on the client, it still offers protection against any construction defects. The construction company must then either remedy them or grant a price reduction. In particularly serious cases, the building owner may even be entitled to damages (see Article 368 of the Swiss Code of Obligations). This requires that the defects are reported promptly after they are discovered. For example, if construction defects are discovered during the acceptance of the construction project but not addressed, they are considered tacitly accepted.

Hidden defects are generally difficult to detect immediately, but only become apparent some time after the completion of a construction project. These could include moisture in the walls or cracks in the plaster that appear later. Depending on the applicable legal basis, property owners have two or five years to complain about any construction defects that arise. In exceptional cases—if the construction company has been deceptive—builders even have up to ten years to remedy the situation.

Caution: Never attempt to correct a mistake yourself. This could void your rights, and the contractor cannot be held liable. Always document everything in writing or take photos or videos.

Unfortunately, botched construction work cannot be completely prevented. It is important to choose a trustworthy company for your construction project. Take your time and do thorough research. Ideally, you will find a reputable provider with positive references. The contract is also a crucial aspect. Make sure that it adequately protects you as the building owner or client against construction defects and poor construction work. If SIA Standard 118 is used as the legal basis, this is usually a good sign. You should be skeptical of clauses such as warranty limitations.

To reduce the risk of errors during the construction process, you or a trusted, competent person should regularly visit the construction site. This way, you can identify any defects in advance and have them remedied. You should also be involved in the planning process before construction actually begins.

In principle, as the building owner or client, you can report construction defects yourself. However, discovering defects in the first place is another matter, as many construction defects go unnoticed by the untrained eye. Therefore, it may be advisable to consult an expert to assist you with the project acceptance and the identification of defects. In the event that the construction company fails to fulfill its obligations and refuses to remedy defects, consulting a lawyer is recommended so that you can resolve any potential legal dispute in your favor.