Construction law reform in Switzerland: what every tradesperson should know before signing a contract in 2026

The reform of construction law in Switzerland marks an important turning point for building tradespeople. Starting in 2026, the rules applicable to construction defects will evolve to strengthen the protection of project owners and buyers of new buildings. For construction professionals, this evolution requires increased vigilance before signing a contract, particularly regarding warranty clauses, notice periods for defects, and repair obligations.

Article 368 of the Code of Obligations introduces a mandatory right to free repair of defects in the relevant situations. Specifically, for contracts concluded from January 1, 2026, a clause attempting to waive this right to repair will no longer be effective when the reform applies. This evolution particularly affects new constructions and recent buildings, with a direct impact on contractors, general companies, and subcontractors.

For tradespeople, this reform should not be seen solely as a constraint. It can also become a lever for professionalization. Companies that can formalize their quotes, clarify their responsibilities, document their interventions, and manage claims methodically will inspire greater confidence. In this context, ArtiBox allows Swiss tradespeople to showcase their seriousness, receive qualified requests, and secure their workload with contractors attentive to the legal and technical reliability of service providers.

Why does the construction law reform change the game in 2026?

The reform aims to correct certain weaknesses in the regime applicable to construction defects. Until now, project owners could find themselves limited by contractual clauses reducing their rights in the event of a defect. From 2026, certain protections will become mandatory.

A strengthened right to free repair

The central change concerns the right to repair. When a defect affects a construction subject to the new rules, the project owner can demand that the defect be repaired free of charge, provided the legal conditions are met.

For tradespeople, this means that it will no longer be possible to rely solely on a general contractual clause to exclude any obligation for repair. The quality of execution, the acceptance of the construction site, and the management of reservations thus become even more important.

Contractual clauses to be reviewed

Old models of quotes, contracts, or general conditions may contain formulations that have become inappropriate. Some clauses that excessively limit the warranty or that eliminate the client's right to repair may be considered null in the cases covered by the reform.

A tradesperson must therefore check their documents before signing new contracts in 2026. Continuing to use an outdated model can give a false impression of protection and create a risk in the event of a dispute.

Application to contracts concluded from January 1, 2026

The new rules apply to contracts concluded from January 1, 2026. The date of signing the quote, contract, or written agreement thus becomes essential for determining the applicable regime.

Tradespeople must retain proof of acceptance: signed quotes, validation emails, amendments, accepted conditions, and annexed documents. These elements will help determine whether the construction site falls under the new law or the old framework.

Which tradespeople are affected by the reform?

The reform does not only concern large construction companies. It can affect all professionals involved in the construction of a new building or a recent construction.

Companies that contract directly with the contractor

A tradesperson who signs directly with an owner, a developer, a management company, or a real estate company may be directly exposed to a claim for damages. If the defect concerns their work, they will need to analyze the claim and, if necessary, intervene to correct the problem.

This situation concerns many trades: masonry, roofing, waterproofing, carpentry, heating, plumbing, electricity, facades, insulation, ventilation, tiling, plastering, painting, or overall renovation.

Subcontractors exposed to warranty claims

Subcontractors are particularly affected. Even if they do not sign directly with the end client, they may be exposed to a claim from the main contractor if a defect arises from their work.

For example, if a general contractor must repair a waterproofing defect free of charge, they may seek to turn against the subcontractor who executed the relevant work. Therefore, the tradesperson must verify their own obligations before accepting a subcontracting project.

Tradespeople working on new constructions

New constructions are at the heart of the reform. Defects identified after acceptance can engage the liability of the companies involved on the construction site. Tradespeople active in new builds must therefore strengthen their quality control.

Sensitive trades are particularly exposed: roofing, facades, insulation, windows, waterproofing, heating, ventilation, plumbing, and electricity. A defect in these areas can have significant consequences on the use of the building.

What Article 368 CO concretely imposes

Article 368 CO regulates the rights of the contractor in the event of defective execution. With the reform, the right to free repair takes on an imperative dimension for the affected constructions.

A free repair when conditions are met

If a defect is identified within the framework provided by law, the contractor can request that the work be repaired at no cost. The responsible tradesperson or company must then take the request seriously, analyze the origin of the defect, and organize the repair if their liability is engaged.

This obligation does not mean that every claim must be accepted without analysis. The company can contest an unfounded request. However, it cannot simply invoke a general clause removing the right to compensation when that right is imperative.

A contrary clause may be null

The reform limits contractual freedom on this point. A clause that seeks to exclude the right to free repair in the relevant cases does not truly protect the tradesperson. It may be deemed ineffective.

It is therefore preferable to use clear, compliant, and balanced contracts rather than to retain overly restrictive general conditions. A poorly adapted document can complicate the company's defense in the event of a dispute.

Particular vigilance during the two years following receipt

Defects identified within two years following the receipt of a new building or recent construction take on particular importance. Tradespeople must therefore organize their post-construction follow-up and keep evidence related to the execution.

A defect reported several months after delivery should not be taken lightly. It is necessary to verify the dates, the type of defect, the relevant batch, the receipt documents, and the exchanges that occurred with the client or the main contractor.

The deadline for reporting defects: a key point to understand

The reform also introduces an important change regarding the deadline for reporting defects. The contractor now has a period of 60 days to report the relevant defects, instead of an immediate notice requirement that often leads to uncertainty.

A clearer 60-day deadline

The 60-day deadline provides a more readable framework for both clients and companies. It applies to both apparent and hidden defects according to the situations provided. For the tradesperson, this rule means that claims may arrive within a longer timeframe than before.

It therefore becomes essential to keep construction site documents and to know how to respond methodically to each request.

A claim to analyze before responding

When a defect is reported, the tradesperson should avoid hasty responses. One should neither quickly acknowledge responsibility nor refuse without verification. The right method is to analyze the facts.

• Date of receipt of the construction site
• Date of discovery of the defect
• Date of the claim
• Nature of the reported defect
• Relevant batch
• Applicable contractual documents
• Photos, plans, and available exchanges
• Possible intervention of other trades

Essential written follow-up

Exchanges must be preserved. A claim, a response, a control visit, or a proposal for resumption should ideally be confirmed in writing.

This traceability protects the tradesperson. It demonstrates that they have handled the request seriously and that they did not allow the situation to deteriorate.

Why should subcontractors be particularly vigilant?

Subcontractors can be exposed even when they have no direct contact with the contractor. Their responsibility can be sought by the main company if a defect arises from their intervention.

The risk of recourse from the main company

In a complex construction site, the main company often answers to the contractor. If they need to rectify a defect, they can then ask the concerned subcontractor to bear all or part of the cost.

A tradesperson working as a subcontractor must therefore check if their contract includes warranty obligations, rectification deadlines, penalties, acceptance procedures, and recourse clauses.

Lot boundaries must be clear

Disputes often arise at the boundary between several services. A humidity issue may involve insulation, ventilation, windows, or the facade. A waterproofing defect may involve the roofer, the facade worker, or the carpenter.

The subcontractor must therefore specify exactly what they are carrying out and what falls under another party's responsibility. The lot boundaries must appear in the quote or contract.

The acceptance of the lot must be formalized

A subcontractor must request a written acceptance of their lot when the work is completed. This document can mention any reservations, requested corrections, and the end date of the intervention.

Without clear acceptance, it becomes more difficult to prove that the work was delivered and accepted on a specific date.

What types of defects can trigger a repair request?

Construction defects can be visible immediately or appear after several months of building use. They may concern compliance, quality of execution, or performance of the work.

Apparent defects at acceptance

Some defects are visible upon delivery of the construction site. They must be noted in a report or acceptance document. Their resolution must be organized quickly.

• Non-compliant finish
• Poorly aligned tiling
• Irregular painting
• Poorly fitted carpentry
• Equipment installed in the wrong location
• Visible scratch, crack, or damage
• Work not compliant with the accepted quote

Hidden defects discovered after use

Other defects are not immediately visible. They appear after the building has been used, sometimes due to weather, humidity, heating, or the commissioning of installations.

• Water infiltration
• Sealing defect
• Abnormal humidity
• Thermal bridge
• Ventilation defect
• Malfunction of a technical installation
• Premature degradation of a material

Defects related to coordination

Some defects do not arise from a single tradesperson, but from a lack of coordination among several trades. This is common in envelope projects, energy renovation, or new construction.

Good coordination reduces risks. It allows for checking the interfaces between the roof, facade, windows, insulation, ventilation, heating, electricity, and finishes.

How to adapt contracts before signing in 2026?

Before signing a contract in 2026, every tradesperson must ensure that their documents are adapted to the new legal framework. Quotes, general conditions, and subcontracting contracts must be reviewed carefully.

Update the general conditions

Outdated general conditions may contain risky clauses. It is essential to check the sections related to warranty, defects, notice periods, liability exclusions, and rework conditions.

A clause that attempts to eliminate the imperative right to free repair in relevant cases should not be retained as if it protects the company.

Precisely describe the services

The more precise the contract, the lower the risks of disputes. The tradesperson must detail the included services, exclusions, materials, reference standards, lot limits, and intervention conditions.

• Exact nature of the work
• Construction site address
• Surfaces and quantities
• Planned materials
• Included work
• Excluded work
• Provisional deadlines
• Access conditions
• Acceptance procedures
• Management of additional work

Plan an acceptance procedure

Acceptance is a key moment. It allows for assessing the state of the work, noting reservations, and setting an important date for the future. A completed construction site without an acceptance document exposes the tradesperson to more uncertainties.

The best practice is to plan an acceptance report or, at a minimum, a written confirmation of the completion of work and any reservations.

How to enhance execution quality on site?

The best protection against disputes remains prevention. A tradesperson who controls their work, documents important steps, and quickly corrects defects limits the risks of claims.

Implement intermediate controls

Controls should be carried out before certain elements are covered or rendered inaccessible. This particularly concerns sealing, insulation, technical networks, and sensitive connections.

• Check the supports before installation
• Photos before covering
• Verification of insulation joints
• Check slopes and drainage
• Test technical installations
• Validation of materials used
• Check finishes before acceptance

Document sensitive steps

Photos, technical sheets, plans, intervention reports, and written exchanges can serve as evidence. They demonstrate that the tradesperson has worked in accordance with the agreed rules.

This documentation is particularly useful for subcontractors, who sometimes need to show that the defect does not originate from their lot.

Train teams on new requirements

Workers, team leaders, and subcontractors must understand the consequences of a construction defect. A minor error can lead to a costly rework request if it affects the use or compliance of the building.

Training teams on critical points helps avoid repeated mistakes and improves the overall quality of construction sites.

Insurance: what to check before signing a contract?

The reform makes the issue of insurance even more important. A tradesperson must know what their professional liability insurance actually covers and what remains their responsibility.

Check professional liability insurance

The professional liability must correspond to the activities actually carried out. A tradesperson who does roofing, waterproofing, electricity, or heating must verify that these services are properly declared in their insurance contract.

An undeclared activity can pose problems in the event of a claim. Therefore, it is necessary to update the insurance when the business evolves.

Understand exclusions

Not all insurances cover the cost of redoing poorly executed work. Some cover damages caused to third parties but exclude the repair of the defective service itself.

The tradesperson must ask specific questions to their insurer: construction defect, consequential damage, claims from a main contractor, subcontracting, work at height, waterproofing, technical installations, and warranties after acceptance.

Keep certificates up to date

Contractors may request a certificate of insurance before signing. A clear and recent certificate reassures the client and facilitates access to important construction sites.

What reflexes to adopt in case of a claim?

A defect reported after acceptance must be handled methodically. The way the tradesperson responds can either avoid a dispute or, on the contrary, worsen it.

Acknowledge receipt without automatically admitting liability

The first response should show that the company takes the request seriously. It is possible to acknowledge receipt of the claim without immediately admitting liability.

A cautious wording allows for maintaining control of the analysis before any decision.

Organize a control visit

If the defect seems serious, an on-site visit may be necessary. The tradesperson must observe the problem, take photos, check the documents, and identify other potentially concerned parties.

Inform the insurer if necessary

If the claim could engage the company's liability, the insurer must be informed within the time limits specified in the contract. A late declaration can complicate coverage.

Formalize any solution

If a repair is accepted, it should be specified in writing what will be covered, within what timeframe, and under what conditions. This formalization prevents further disputes.

How does ArtiBox help tradespeople enhance their legal and technical seriousness?

In a context where responsibilities are increasing, contractors are looking for reliable tradespeople who are well insured and capable of working methodically. ArtiBox allows building professionals to showcase their seriousness and receive requests tailored to their skills.

Present a reliable company

A complete ArtiBox profile can highlight specialties, areas of intervention, references, project photos, and professional insurances. These elements reassure clients even before the first contact.

• Trades performed
• Areas of intervention in French-speaking Switzerland
• Project references
• Photos of completed work
• Professional liability insurance
• Commercial responsiveness
• Ability to provide detailed quotes

Receive more tailored requests

ArtiBox allows tradespeople to position themselves on projects that match their actual skills. This selection is important in the new legal context: accepting a project outside of expertise can increase the risk of defects and claims.

• Renovation projects
• Finishing work
• New construction sites
• Technical interventions
• Qualified subcontracting
• Requests in French-speaking Switzerland

Secure your workload plan

A well-positioned tradesperson can avoid relying on a single contractor. ArtiBox helps diversify requests, complete the schedule, and choose projects that align with the company's activity.

• Better commercial visibility
• Complement to local recommendations
• Reduction of downtime
• Selection of suitable projects
• More structured business development

What best practices to adopt before signing a contract in 2026?

The reform should not be endured. Tradespeople can prepare for it by updating their documents, organization, and project tracking.

Review your quote and contract templates

Documents used before 2026 must be verified. Clauses related to defects, guarantees, repairs, acceptance, and deadlines must be adapted to the new framework.

Clarify the limits of service

A tradesperson must explain what they are doing and what does not fall under their intervention. Exclusions must be written, especially in construction sites involving multiple trades.

Formalize additional work

Modifications requested by the client or the main contractor must be subject to an amendment or written validation. Oral agreements are too fragile in case of disputes.

Keep evidence of proper execution

Photos, technical sheets, reports, written exchanges, and control documents must be archived. This traceability becomes an essential reflex.

Check your insurance

Before signing an important contract, the tradesperson must ensure that their activity, work, and responsibilities are well covered. They must also check the exclusions and coverage limits.

Conclusion: a reform that imposes more rigor on tradespeople

The reform of construction law in Switzerland modifies contractual balances starting in 2026. The right to free repair of defects becomes imperative in the relevant situations, and clauses attempting to eliminate this right may be rendered ineffective. For tradespeople, this evolution requires careful review of each contract before signing.

Subcontractors must be particularly vigilant. Even without a direct relationship with the contractor, they may be exposed to warranty claims if a defect arises from their lot. Precise contracts, formal acceptance, clear service limits, appropriate insurances, and evidence of proper execution become indispensable.

With ArtiBox, building professionals can enhance their credibility, access qualified requests, and select construction sites suited to their skills. In this new legal framework, contractual rigor becomes both a commercial advantage and a protection.

Sign up for free on ArtiBox and grow your business on qualified construction sites in French-speaking Switzerland, with a professional presentation adapted to the new requirements of the building sector.