How do I send a formal demand letter in Switzerland before suing a contractor?

Key points to include in your demand letter (keep it brief but precise):
1. Identify the parties and the contract – state your full name/company, the contractor’s name and address, the date the contract was signed, and a short description of the work (e.g., 'kitchen renovation') together with the agreed price and the deposit you paid (amount, date of transfer).
2. Specify the breach – note that the contractor has ceased work and failed to respond despite your repeated contacts, thereby breaching its obligation to complete the work in accordance with the contract and Swiss Code of Obligations (Art. 197 CC – 'performance of the contract' and Art. 107 CC – 'right to demand performance').
3. State the remedy you seek – either (a) full completion of the work within a reasonable time or (b) restitution of the deposit plus any proven damages (e.g., extra costs to finish the job). Cite the right to set‑off or to claim damages under Art. 97-101 CC.
4. Give a clear deadline – e.g., 'Please confirm in writing by [date – usually 10–14 calendar days from receipt of this letter] that you will either (i) resume and complete the work or (ii) return the € [deposit] together with € [calculated damages].'
5. Preserve your rights – add a short sentence such as: 'If I do not receive a satisfactory response by the above deadline, I will consider all legal remedies available under Swiss law, including filing a claim before the competent cantonal court and seeking reimbursement of legal costs.'
6. Contact details – provide a phone number and an email address for a prompt reply.
How to deliver the letter so it is legally effective:
- Registered mail (Einschreiben mit Rückschein) to the contractor’s registered business address. The return receipt gives you proof of delivery and the exact date the contractor received the notice, which is crucial for any later limitation‑period calculations.
- Duplicate delivery by email (with a read‑receipt request) sent to the contractor’s official email address; attach the same PDF and note that the email is supplemental evidence.
- Optional: courier service with signature (e.g., DHL Express) – keep the tracking sheet and the signed delivery receipt as additional proof.
Retain copies of the letter, the mailing receipts, and any correspondence thereafter. If the contractor still does not respond, you will have a documented 'formal notice' that satisfies the pre‑court requirement under Swiss law and strengthens any subsequent claim for performance or damages.
Sincerely,
Ascendance International Organization