Construction Law

Construction and Procurement Lawyer in Lugano

Haab Legal assists principals, contractors and tradespeople in all matters relating to construction contracts and building law in Canton Ticino. With extensive experience in construction litigation in Ticino, we offer preventive advice and courtroom representation.

Areas we handle

Construction contracts

The construction contract (art. 363 et seq. CO) governs the relationship between the principal and the contractor for the execution of works. Haab Legal drafts and reviews construction contracts, including the SIA conditions (Swiss Society of Engineers and Architects, in particular SIA Standard 118), to protect the client's interests.

SIA Standard 118, frequently used in Ticino, contains detailed rules on inspection, warranty, defects and payments that supplement the Code of Obligations. It does not apply automatically: it must be expressly incorporated into the contract.

Defects in the works

The principal must inspect the works as soon as possible and report defects immediately (art. 367 CO). In the event of defects, the principal may request:

• Free repair (provided the cost is not disproportionate for the contractor)
• Price reduction proportional to the defect
• Termination of the contract if the defect is serious and the work is unusable (art. 368 CO)

The limitation period for construction defects is 5 years from delivery of the works (art. 371 CO). For hidden defects fraudulently concealed, the period is 10 years.

Statutory lien of tradespeople and contractors

Tradespeople and contractors who have supplied materials and labour for a building project are entitled to a statutory lien over the property (art. 837 CC). Registration must be made within 4 months of completion of the works. This security is particularly important for subcontractors who have no direct contractual relationship with the property owner.

Haab Legal assists tradespeople and contractors with the provisional registration of the lien (super-provisional and provisional measures) and principals in contesting unfounded claims.

Contractor delay

If the contractor is in delay, the principal may set an additional reasonable deadline and, upon its expiry, withdraw from the contract and claim damages (art. 107-109 CO as applied to construction contracts). Contractual penalties for delay are common in construction contracts.

Liability of architects and engineers

Architects and engineers are also liable for design errors and deficient supervision of works. Liability is subject to a 5-year limitation period for services related to the construction (art. 371 CO by analogy) and a 10-year period for services not related to the construction.

Bank guarantee and retention

The principal may withhold a portion of the contract price (generally 10%) as security for defects during the warranty period (2 years under SIA Standard 118). The contractor may replace the retention with a bank guarantee.

Our approach

Construction disputes are often technically complex and involve multiple parties (principal, architect, general contractor, subcontractors). Haab Legal works with technical experts and manages the entire process, from expert assessment to litigation, with the aim of achieving an effective and swift resolution.