Facts
The plaintiff A. GmbH and the defendant B. AG concluded contracts for work and services in June 2009 and August 2009 for floor and wall tile work in two residential developments. The plaintiff did not carry out all the contractually agreed work, whereupon the defendant reduced the contract fee accordingly. The plaintiff filed a claim for payment of the full contract fee, and the defendant filed a counterclaim for the repayment of partial amounts.
The Commercial Court dismissed the claim and partially upheld the counterclaim. The plaintiff filed a civil law appeal against this decision.
Considerations
The Federal Supreme Court dismissed the appeal. It considered the interpretation of the Commercial Court to be in accordance with federal law, according to which the parties had tacitly agreed to a reduction in the scope of services and the defendant was therefore entitled to reduce the contract fee accordingly. The Federal Supreme Court also considered the calculation of the reduced price by the Commercial Court to be appropriate.
The Federal Supreme Court stated that the appellant had not sufficiently substantiated its criticism of the contested…