Facts
Hautzentrale and Fettschmelze AG entrusted Albin Hofer with the execution of the supporting floors in the construction of its new commercial building. The floors carried out by Hofer proved to be defective. Hautzentrale then sued Hofer for damages. Hofer invoked Art. 369 CO to exonerate himself from liability, claiming that his foreman had issued reservations about the prescribed execution before the start of the work, but that the principal had ignored them.Considerations
- Art. 21 para. 2 of the SIA standards, which requires written notification of the contractor's reservations, is merely a procedural regulation aimed at facilitating proof. Its non-observance does not affect the validity of the notice given orally. - The notice provided for in Art. 369 CO is not intended to bind the contractor, but to exonerate him from liability. It must be clear and unambiguous, but does not need to be in writing. - Although the foreman had expressed oral reservations, the contractor had an obligation to ensure that the principal, represented by…