Delay in performance

Delay in performance describes late fulfilment of an obligation. In Swiss law, consequences depend on whether the performance is due, whether a reminder or formal notice is required, and whether the debtor is at fault. Delay may trigger default interest, damages for late performance, or additional rights in bilateral contracts, such as setting a grace period and withdrawing or claiming damages instead of performance. Not every delay is debtor default: the creditor’s conduct, impossibility, agreed extensions or lack of maturity may exclude default consequences.