Guarantees and insurance of a painter in Switzerland: the legal framework

The contract for work and services: the legal basis of painting work

Painting, ceiling, wallpapering or refurbishment work is, under Swiss law, a contract for work and services within the meaning of Articles 363 ff. of the Code of Obligations (CO). The contractor undertakes to carry out a piece of work and the client to pay its price.

This framework entails several reciprocal obligations:

• the work must be carried out according to the recognised standards of the trade and in line with the accepted quote;
• the company is liable for defects in the work under the conditions of Art. 367 to 371 CO;
• the client must cooperate (access to the premises, choice of colours, approval of surfaces) and pay the agreed price.

The relationship may also refer to the SIA 118 standard, frequently used in construction in Switzerland, where the parties declare it applicable to the contract. Otherwise, the CO regime applies directly.

The legal guarantee for defects (Art. 367-371 CO)

The Swiss two-year legal guarantee (Art. 371 CO) covers defects in the work. A defect is a deviation from what was agreed or from the recognised standards of the trade: for example, peeling, unjustified visible touch-ups, or a colour that does not match the quote.

The mechanism of Articles 367 to 371 CO can be summarised as follows:

Step	What the CO provides
Inspection	The client examines the work delivered (Art. 367 CO)
Notice of defects	The client reports the identified defects promptly
Client’s rights	Repair/correction, price reduction or, in serious cases, rescission (Art. 368 CO)
Guarantee period	Two years on the work (Art. 371 CO), as set out in the signed quote and contract

The principle is the correction of defects: the company puts its work right. At Renovhome SA, the guarantee on the work is two years (Art. 371 CO): during this period, defects covered by the guarantee are remedied. The exact terms are set out in the signed quote and contract.

The notice of defects: the step that secures your rights

The notice of defects is the central element: without proper reporting, the client risks losing their guarantee rights. The CO distinguishes between defects that are visible on acceptance, to be reported when the work is inspected, and hidden defects, to be reported as soon as they are discovered.

Good practice for preserving your rights:

• accept the work and inspect it carefully at the end of the project;
• document the defect (dated photos, precise description of its location);
• send the notice in writing (email or letter) to keep a record;
• describe the defect promptly, rather than waiting.

A defect reported early and clearly makes it easier for the company to carry out the correction. More generally, having an identified point of contact for follow-up throughout the project, from the survey to the acceptance of the work, helps to handle any correction calmly.

Professional liability insurance and certificates

Beyond the guarantee for defects, a painting company may cause damage during a project: splashes on a parquet floor, stained furniture, harm to a third party. These situations fall under the company’s professional liability insurance, distinct from the guarantee on the work itself.

Two concepts not to be confused:

• the guarantee for defects concerns the quality of the work delivered (CO);
• professional liability insurance covers damage caused to property or persons during the work.

A client, a property management company or an architect may request an insurance certificate before awarding the work: this is a common and legitimate step. Renovhome SA holds professional liability insurance and provides its certificates on request. The company is registered with the Commercial Register of Geneva under company ID CHE-356.898.007.

Legal guarantee or commercial gesture: making the distinction

It is important to separate what the law requires from what a company offers on top of that.

• The legal guarantee derives from the Code of Obligations (Art. 367-371 CO). It exists independently of any advertising statement and covers defects in the work.
• A commercial gesture is a voluntary undertaking by the company, beyond the legal minimum. It must be set out in writing in the contract or quote to be enforceable, with the scope and duration set by the company.

A few points to watch:

• a detailed quote describing surfaces, preparation, product ranges and number of coats makes it easier to assess any defect;
• a written acceptance of the work clarifies its condition on delivery;
• keeping the contract, the quote and the exchanges helps to establish your rights.

Renovhome SA prepares a detailed room-by-room quote, after an on-site visit, with no commitment. This traceability serves both the company and the client should a guarantee question arise later.