Rejection of the Admission of a Third-Party Notice Claim

Facts

The [A. AG] (appellant) and the [C. GmbH] carried out plastering work on behalf of the [B. AG] (defendant). After the final invoice, a credit balance in favor of the [A. AG] and the [C. GmbH] of a total of CHF 282,558.15 was determined, of which CHF 103,854.-- was attributable to the [A. AG] . On March 6, 2012, the [A. AG] filed a claim against the [B. AG] to obtain CHF 103,854.-- plus interest. At the same time, it gave notice of the dispute to the [C. GmbH] . The District Court of Maloja did not enter into the third-party notice claim. The appeal of the [A. AG] against this order was dismissed by the Cantonal Court of Graubünden.

Considerations

The Federal Supreme Court considers the rejection of the admission of the third-party notice claim to be lawful. According to the case law of the Federal Supreme Court, third-party notice claims can only be used to assert claims that depend on the existence of the main claim, such…