Damage to the structure after acceptance: what recourse, what evidence, what time limits

Introduction

Acceptance of a project marks a decisive milestone: it concludes the construction work, transfers responsibility for the project, and triggers specific time limits for legal recourse. However, damage can still appear after acceptance—whether visible defects or hidden flaws—and give rise to legal liability. For SME managers in French-speaking Switzerland, understanding the available legal options, the evidence to be gathered, and the applicable deadlines is essential for managing these risks and deciding on the appropriate actions in a timely manner.

What is meant by “damage to the work after acceptance”?

Damages vs. defects

Damage to the structure refers to a defect or flaw that affects the quality, functionality, or solidity of a building discovered after the work has been accepted. This can include cracks, leaks not visible at the time of acceptance, structural defects, or elements that do not conform to standards or the contract.

Acceptance of the work under Swiss law

In Switzerland, acceptance generally corresponds to the formal acceptance of the work, often carried out in accordance with the Swiss Code of Obligations (CO) and, where applicable, the SIA rules. It marks the end of the construction project and the starting point for the time limits for recourse against the contractor. SIA 118, commonly incorporated into construction contracts, explicitly recognizes periods for reporting defects after acceptance.

Legal remedies available to an SME

Notification to the manufacturer

The first step in addressing apparent or hidden damage is to send the builder a written and dated notification of the identified defect . In Switzerland, this type of notification aims to suspend or restart the statute of limitations by reminding the other party of their obligations. Failure to provide immediate notification can jeopardize an effective legal remedy.

Contractual remedies

Depending on the contract and the SIA or CO clauses, different regimes may apply. For example, some conditions stipulate the builder's liability for hidden defects identifiable after acceptance, up to a certain period.

Legal recourse

If the builder refuses to intervene or disputes liability, the SME can initiate legal action to obtain repairs or compensation. This step often requires the assistance of a construction law specialist to argue the case based on standards and the contract.

Legal deadlines in Switzerland: what you need to know

SIA 118 and starting points

When a construction contract incorporates the SIA 118 standard, the time limits for reporting a defect after acceptance are regulated separately according to the nature of the damage:

• Obvious defects – generally up to 2 years after receipt to report them.

• Hidden defects – up to 5 years after receipt.

These periods are derived from contractual practice with SIA 118 in Swiss construction sites and serve as standard benchmarks.

Limitation of action according to the Code of Obligations

If no SIA standard is applicable, the general rules of the Swiss Code of Obligations prevail, often aligned with similar periods of 2 years for movable structures and 5 years for immovable structures , from the date of receipt or discovery of the default.

Mini case study 1: Defect discovered shortly after receipt

Fifteen months after completion of the work, a small business (SME) discovered recurring leaks in recently renovated roofs. Written notification was sent to the contractor immediately upon discovery. The two-year warranty period for apparent defects, as stipulated by SIA 118, was still open, allowing the business to demand documented corrective action.

Mini case study 2: Hidden defect identified late

In an industrial building, an internal structural defect in the installations was undetectable without a specialized inspection. An external expert determined that it constituted a latent defect. Notification was made within four years of acceptance, which falls within the five-year period stipulated by SIA practices for latent defects.

What needs to be documented

To strengthen an appeal, the documentation must be exhaustive and dated:

• Complete construction contract (clauses, applicable standards)

• Initial Acceptance Report

• Photos/videos of the damage observed

• Independent technical expert reports

• Notification letters and acknowledgments of receipt

Guidelines and checklist

Liability and contractual coverage

• Contract and applicable clauses (SIA 118, CO)

• Definition of apparent vs. hidden defects

Damage documentation

• Dated and geolocated photos

• Independent expert report

• Preservation of written communications

Temporal actions

• Date the defect was discovered

• Date of notification to the manufacturer

• Compliance with the 2-year/5-year periods as applicable

Table: Types of defects and usual delays in Switzerland

Type of fault | Notification period (SIA 118)

Visible damage | up to 2 years after receipt

Hidden defect | up to 5 years after receipt

Common mistakes and how to avoid them

Do not formalize a defect in writing

✔ Always send a dated notification with acknowledgment of receipt immediately after discovery.

Omitting an independent expert report

✔ Involve a neutral expert before taking legal action to technically substantiate the defects.

Waiting too long

✔ Keep an up-to-date calendar of legal periods for taking action (2 years/5 years).

Ignoring contractual clauses

✔ Check in advance the applicable clauses when signing the contract (receipt, deadlines, liability).

Questions to ask your insurer/broker

1. Does my construction site insurance policy cover damages after acceptance?

2. What types of damages and periods are covered by the current policy?

3. Is there any post-acceptance liability insurance applicable to this type of defect?

4. What documents do I need to provide for a claim related to a post-acceptance defect?

5. What is the impact of SIA standards on my current contracts?

6. How does the coverage interact with contractual remedies against the builder?

7. Are there any temporary or permanent exclusions depending on the type of damage?

8. What are the internal notification deadlines to be respected according to my insurance contract?

9. Does the contract provide for legal assistance in the event of a dispute?

10. Do you recommend an extension of coverage for late damages?

Conclusion

After a project is completed, damages may give rise to legal action, but these are subject to specific time limits and regulations. Systematic management—prompt notification, rigorous documentation, understanding of applicable timeframes, and recourse to expert assessments—is essential to determine the necessary actions and protect the rights of the SME. The next step is to review your construction and insurance contracts with your advisors to identify and address any potential gaps.