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-   -   Shoddy Painter - What is my recourse or rights ? (https://www.englishforum.ch/housing-general/240320-shoddy-painter-what-my-recourse-rights.html)

RuJoMa 12.09.2015 17:02

Shoddy Painter - What is my recourse or rights ?
 
Hi,

1 year ago the exterior of my house was repainted (24 000 chf), by a reputable Swiss Painter.
Now 1 year later the paint is pealing from the shutters and blinds.

The painter says its because the wood is old. A 2nd opinion from another painter says that he clearly used the wrong product.
I have contacted an "expertise" but he wants to charge me 1700chf to come have a look - adding insult to injury.

Surely work should last more than 1 year.

What other recourse do I have? Is there a code of conduct ? a legal body who protects the consumer?

Thanks in advance

pilatus1 12.09.2015 19:57

Re: Shoddy Painter - What is my recourse or rights ?
 
Lol, don't spend 1700 chuffs for someone to verify that the paint is peeling! I'll do it for half that...:)

Have you looked over your contract? Is there any mention of a guarantee? Or lack of one?

Here's some info from the Schweizer Maler/Gipser Verband.

It seems they are required by the Obligationensrecht to warranty the work for 5 years....?

Hope that helps!

Guest 12.09.2015 20:39

Re: Shoddy Painter - What is my recourse or rights ?
 
He's in Founex

pilatus1 12.09.2015 20:45

Re: Shoddy Painter - What is my recourse or rights ?
 
Quote:

Originally Posted by neddy (Post 2448393)
He's in Founex

In that case, it's from the Association Suisse des Entrepreneurs Platriers-Peintres, and google translator is your friend...:)

Dechen01 12.09.2015 21:02

Re: Shoddy Painter - What is my recourse or rights ?
 
Was the contract based on SIA or OR?

Dechen01 12.09.2015 21:19

Re: Shoddy Painter - What is my recourse or rights ?
 
Quote:

Originally Posted by pilatus1 (Post 2448385)
Lol, don't spend 1700 chuffs for someone to verify that the paint is peeling! I'll do it for half that...:)

Have you looked over your contract? Is there any mention of a guarantee? Or lack of one?

Here's some info from the Schweizer Maler/Gipser Verband.

It seems they are required by the Obligationensrecht to warranty the work for 5 years....?

Hope that helps!

Verjährung beim Werkvertrag
Mängelrechte:
Die Mängelrechte des Bestellers eines unbeweglichen Werks verjähren innerhalb von fünf Jahren nach Abnahme des Werks. (Art. 371 OR)

Belgianmum 12.09.2015 21:28

Re: Shoddy Painter - What is my recourse or rights ?
 
Quote:

Originally Posted by Dechen01 (Post 2448405)
Verjährung beim Werkvertrag
Mängelrechte:
Die Mängelrechte des Bestellers eines unbeweglichen Werks verjähren innerhalb von fünf Jahren nach Abnahme des Werks. (Art. 371 OR)

Eh?:confused:

In English ( as required by forum rules) please and preferably in French also since the OP is hear Geneva.

Dechen01 12.09.2015 21:32

Re: Shoddy Painter - What is my recourse or rights ?
 
Quote:

Originally Posted by RuJoMa (Post 2448339)
Hi,

1 year ago the exterior of my house was repainted (24 000 chf), by a reputable Swiss Painter.
Now 1 year later the paint is pealing from the shutters and blinds.

The painter says its because the wood is old. A 2nd opinion from another painter says that he clearly used the wrong product.
I have contacted an "expertise" but he wants to charge me 1700chf to come have a look - adding insult to injury.

Surely work should last more than 1 year.

What other recourse do I have? Is there a code of conduct ? a legal body who protects the consumer?

Thanks in advance

If the expertise shows that the painter used the wrong paint he has to pay the caused damage and the 1700.- on top of it. Maybe it's worth it.
If I were you, I'd ring up the painter and tell him that I will initiate an official expertise with the SMGV (Schweizerische Maler- und Gipserunternehmer-Verband) and then see how he reacts.

Dechen01 12.09.2015 21:33

Re: Shoddy Painter - What is my recourse or rights ?
 
Quote:

Originally Posted by Belgianmum (Post 2448411)
Eh?:confused:

In English ( as required by forum rules) please and preferably in French also since the OP is hear Geneva.

Yes, I know and I am very sorry to unfortunately not be able to say that in English language. I wish I had studied more :msncrazy:
I hope my other posts are more useful :confused:

Guest 12.09.2015 21:35

Re: Shoddy Painter - What is my recourse or rights ?
 
Quote:

Originally Posted by Dechen01 (Post 2448414)
Yes, I know and I am very sorry to unfortunately not be able to say that in English language. I wish I had studied more :msncrazy:
I hope my other posts are more useful :confused:

here's the code of Obligations in English - look for the articles you mention in it and then copy/paste.
https://www.admin.ch/opc/en/classifi...009/index.html

By replacing the "en" by "fr", you can switch the language to French.

Dechen01 12.09.2015 21:51

Re: Shoddy Painter - What is my recourse or rights ?
 
Quote:

here's the code of Obligations in English - look for the articles you mention in it and then copy/paste.
https://www.admin.ch/opc/en/classifi...009/index.html

By replacing the "en" by "fr", you can switch the language to French.
Art. 371

e. Time limits
1 The right of the customer to bring claims due to defects in the work is limited to two years from acceptance of the work. However, the period amounts to five years where defects in a movable object that has been incorporated in an immovable work in a manner consistent with its nature and purpose have caused the work to be defective.
2 The customer's claims in respect of defects in an immovable work against both the contractor and any architect or engineer who rendered services in connection with such work become time-barred five years after completion of the work.
3 Otherwise the rules governing time limits for the corresponding rights of a buyer apply mutatis mutandis.
1 Amended by No I of the Federal Act of 16 March 2012 (Limitation Periods for Guarantee Claims. Extension and Coordination), in force since 1 Jan. 2013 (AS 2012 5415; BBl 2011 2889 3903).


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