The dream of a new apartment in Geneva can quickly turn into a logistical and financial nightmare when a delivery date slips by several months. In Switzerland, delivery delays and the associated rights are complex issues that require increased vigilance from the moment the contract is signed.
Understanding the causes and scope of the delay
Construction sites are subject to many hazards, such as material shortages, bad weather, or contractor failures. However, the developer has an obligation of result regarding the delivery date.
It is crucial to distinguish between legitimate causes, such as force majeure, and delays attributable to poor schedule management. In Switzerland, construction law is governed by the Code of Obligations and SIA 118 standards.
Contractual clauses: your first line of defense
Before work begins, everything is decided in the contract. A delay penalty clause must be negotiated.
Unlike some foreign legislations, Swiss law does not always provide for automatic compensation. It is therefore essential to verify that your contract stipulates clear daily penalties in case of exceeding the deadline. These penalties serve to compensate for your relocation costs or bridge loan extensions.
Remedies and formal notice: the procedure to follow
If the delivery date is exceeded, the first step is a formal notice. You must notify the developer by registered letter with acknowledgment of receipt to demand a new delivery date.
It is recommended to have the site progress verified by an independent expert. The latter will be able to assess whether the delay is technically justified or results from a deficiency of the general contractor.
The role of the independent expert in securing your handover
Calling on an independent expert for a site inspection before handover in Geneva is the best strategy to avoid unpleasant surprises. A professional will identify if the delay is being used to hide sloppy finishes.
At KERLINE SA, we intervene to audit the schedule and verify work compliance. We defend your interests against the developer to ensure that every day of delay is treated with the necessary legal rigor.
Conclusion: anticipate to better protect your investment
Delivery delay is not inevitable if you are well accompanied. As an independent project management assistant (AMO), KERLINE SA helps you decipher contracts and assert your rights.
Do not let the developer manage your project alone. Contact KERLINE for expert and independent assistance in Geneva.