Warranty and Remedial Work: Rights and Duties Under a Contract for Work

Few topics cause more uncertainty than warranty: the customer reports a crack two years after acceptance, and suddenly the question is what you owe and for how long. The rules are clearer than their reputation suggests.

New since 1 January 2026: a 60-day notice period for construction works

Since 1 January 2026, the revised law on contracts for work in the OR is in force. For construction work, the notice period changes noticeably:

• 60 days instead of “immediately”: for an immovable work (a building or structure), the customer now has 60 days to report a defect, and for hidden defects, 60 days from discovery (Art. 367 para. 1bis and Art. 370 para. 4 OR). The earlier duty to report hidden defects “immediately upon discovery” no longer applies to such works.
• Which jobs this covers: the period applies to the structure itself and to movable works built into it as intended, for example a fitted kitchen made by a joiner, new windows, or a bathroom built by a plumbing business. It also applies to plans by architects and engineers used as the basis for the structure.
• Only negotiable upwards: a shorter period in an offer, contract, or terms and conditions is invalid. You may agree a longer period.
• Remedial work no longer excludable: an agreement made in advance that limits or excludes the customer’s right to free remedial work is invalid where the defect concerns a building (Art. 368 para. 2bis OR).
• Applies to new contracts: the new rules apply to contracts for work concluded from 1 January 2026 onward. Older contracts generally remain governed by the previous law.

Check your quote and terms-and-conditions templates: a clause requiring “immediate notice” or excluding remedial work is no longer valid for new jobs on a structure.

The legal starting point (Code of Obligations)

Trade work is generally a contract for work (Art. 363 ff. OR). For defects, the following applies:

• Duty to inspect and report: after delivery, the customer must inspect the work and report any recognisable defects. For a structure, the period has been 60 days since 1 January 2026, and for hidden defects, 60 days from discovery (Art. 367 para. 1bis and Art. 370 para. 4 OR); a shorter period cannot be agreed. For a purely movable work with no link to a structure, the duty to report immediately still applies (Art. 370 para. 3 OR). If a defect is reported too late, the work is deemed accepted.
• Defect remedies: on a valid claim, the customer can demand remedial work (provided this is possible without excessive cost), reduce the price, or, if the work is unusable, withdraw from the contract (Art. 368 OR). For a building, since 1 January 2026 you can no longer limit or exclude the right to remedial work by contract (Art. 368 para. 2bis OR).
• Limitation period: defect claims lapse after five years from acceptance for immovable structures, otherwise after two years (Art. 371 OR). This five-year period now explicitly applies to architects and engineers too, and cannot be shortened to the customer’s detriment.

Important for your position: remedial work is also your right. You are entitled to fix the defect yourself before the customer brings in a third party at your expense. So don’t let anyone surprise you with a stranger’s invoice without ever giving you the chance to fix it yourself.

When SIA Standard 118 has been agreed

On larger construction sites, SIA Standard 118 is often agreed (it only applies if stated in the contract). The key points:

• Two-year notice period unchanged: defects can be reported at any time during the two years after acceptance; the duty to report immediately does not apply during this period. This rule is more generous than the statutory 60-day period and therefore remains fully valid.
• After that, the new 60-day period applies instead of “immediately”: once the two-year warranty period ends, SIA 118 used to require hidden defects to be reported “immediately” upon discovery. Since 1 January 2026, the statutory 60-day period (Art. 370 para. 4 OR) takes precedence over that clause, because a shorter period is invalid for a structure. SIA has updated its standard with the correction SIA 118-C1:2026. This applies to contracts concluded from 1 January 2026 onward; older SIA 118 contracts remain subject to the duty to report immediately.
• Retention for warranty or a joint and several guarantee as security are common and regulated.

For you this means: check on every job whether “per SIA 118” has been agreed and since when the contract has run; it changes your deadline situation significantly.

Your best defence: acceptance and documentation

Most warranty disputes don’t arise from bad faith, but from missing records. Three habits protect you:

1. Acceptance record: go through the work together at completion, note the condition, record any remaining items with a deadline, and get it signed. From then on, deadlines run on solid evidence. A fillable template is available at Acceptance record.
2. Photo documentation: before, during, after. The crack that is supposedly “caused by your work” may already have been visible in the site-visit photo.
3. Written change requests: if you deviate from what was quoted at the customer’s request (“the cheaper paint is fine”), note it down briefly. Otherwise, the cost-saving decision later becomes your defect.

In MeisterOffice photos, work reports, and notes are attached to the project; if a claim comes in two years later, the paper trail is one click away, not a find in the basement.

How to respond to a defect claim

1. Stay factual and inspect the site. A quick response takes the pressure off, even if you don’t yet accept the claim.
2. Classify it: a genuine workmanship defect, normal wear, user error, or a third-party cause? Not every crack is a defect; normal ageing and wear are not.
3. On a valid claim: carry out remedial work, promptly and without drama. Clean remedial work is cheaper than any dispute and, in practice, tends to bring follow-up jobs rather than bad reviews.
4. On an unjustified claim: decline politely and in writing, with reasoning and a reference to your documentation. Offer to fix it as a paid job.

Frequently asked questions

Do I have to give a 5-year “warranty”? The five years are not a durability guarantee, they are the limitation period for defects that already existed at acceptance. For normal wear, incorrect care, or third-party interference, you are not liable.

Can I contractually exclude the warranty? Waivers are possible within limits, never in cases of intentional deception, and delicate with consumers. Agreeing to the SIA deadlines is common and accepted. An exception applies since 1 January 2026 for remedial work on a building: you can no longer limit or exclude it in advance (Art. 368 para. 2bis OR). For individual clauses, legal advice is worth getting.

How long is the notice period for construction defects? Since 1 January 2026 it is 60 days for a structure, and for hidden defects, 60 days from discovery (Art. 367 para. 1bis and Art. 370 para. 4 OR). This also applies to movable works built into the structure, for example a fitted kitchen, windows, or a bathroom. A shorter period in your offer or terms and conditions is invalid. For contracts for work concluded before 1 January 2026, the old rule still applies: hidden defects must be reported immediately upon discovery.

Does the 60-day period also apply with SIA 118? Nothing changes during the first two years after acceptance: SIA 118 still lets defects be reported at any time, which is more generous than the law. After that, SIA 118 used to require immediate notice for hidden defects; since 1 January 2026, the statutory 60-day period applies instead, because it cannot be shortened by contract. SIA has updated its standard with the correction SIA 118-C1:2026.

Can I exclude remedial work in my offer or terms and conditions? Not for a building anymore: since 1 January 2026, an agreement made in advance that limits or excludes the right to remedial work is invalid (Art. 368 para. 2bis OR). This applies to contracts from that date onward; older agreements are not affected.

A customer withholds the entire final payment because of a defect. Is that allowed? A withholding is only justified up to the amount of the estimated remedial cost, not the entire final invoice. Offer the remedial work and pursue the undisputed part with a normal payment reminder.