Construction in Ticino: stop penalties for extreme heat (cross-border guide)

Context

In a nutshell

• The SSIC asks for fair framework conditions for construction sites in the event of a heatwave.
• Extreme heatwaves are not currently compensated.
• Request for suspension of work without risking contractual penalties.
• A motion in parliament aims to make climate management mandatory.

Key facts

• What: Petition by the Swiss Society of Construction Entrepreneurs (SSIC).
• Objective: Stop contractual penalties for delays due to extreme heat.
• Situation: Currently heat delays are not compensated.
• Legislative status: Motion approved by the National Council in December 2024.
• Developments: The Commission of the Council of States recommends the rejection.

The Swiss Society of Construction Entrepreneurs (SSIC) has launched a petition to demand the introduction of realistic and fair framework conditions in the construction sector, specifically aimed at managing extreme heat waves. The initiative stems from the need to protect the health of the workforce, often exposed to prohibitive temperatures on construction sites in the Canton of Ticino and the rest of Switzerland. According to the SSIC, the current contractual system unfairly penalizes companies, since delays caused by natural weather events, such as heatwave, are not considered valid to obtain compensation or extensions on work deadlines.

The problem raised by entrepreneurs is both economic and operational in nature. Companies are forced to

Operational details

The analysis of the current situation highlights a discrepancy between the protections provided for traditional adverse weather events, such as rain or snow, and those applicable to heatwaves. For a construction company operating in Ticino, meeting deadlines is a fundamental contractual obligation, but the increasing frequency of scorching summers has turned heatwaves into a constant risk factor. Without clear regulations equating extreme heat to force majeure, the risk of having to pay contractual penalties remains a tangible threat.

The implications for personnel, including the numerous cross-border workers in the sector, are significant. Workplace safety is a priority, but the pressure of deadlines often conflicts with necessary breaks or physical load limitations during the hottest hours. Currently, companies that decide to suspend work to protect their employees' health face direct economic damage, as no compensation or automatic contractual exemptions are provided. The SSIC's proposal aims precisely to change this paradigm by introducing clear rules that allow planning construction timelines considering the actual climate.

…

Key points

For construction companies and workers in the construction sector, the situation requires a proactive approach to managing projects. While awaiting a definitive federal regulation that mandates considering extreme heat in planning, it is essential for companies to implement clear internal protocols. The recommended procedure involves, first, a preventive analysis of contractual deadlines in relation to the historically hottest periods of the year. When drafting a new contract, it is advisable to explicitly negotiate flexible conditions, defining temperature thresholds beyond which the parties agree to suspend or reduce work without automatic penalties.

Documenting work interruptions will become even more crucial. Each suspension of work due to heat should be accurately recorded, including official thermometric data from the site. This documentation can be used as evidence in case of disputes over delays, even in the absence of a specific federal law. Communication with the client must be timely and transparent: constantly informing about health risks and measures taken to mitigate heat impact is the best strategy to prevent misunderstandings and contractual disputes.

…