Facts
The decision concerns a dispute between the owner of a building, A. Rapold & Co. KG, and the owners of neighboring plots of land, Werner Bleiker and others, regarding the damage caused to the plaintiff's building due to excavations and constructions carried out on the neighboring plots of land.
The facts are as follows: the plaintiff is the owner of a building located in Zurich, which suffered damage due to construction work carried out on the neighboring plots of land belonging to the defendants. The defendants began their construction projects in 1981 and 1982, while the plaintiff discovered the damage in 1988 and brought an action in 1993.
The cantonal court ruled that the defendants were jointly and severally liable for the damage, but reduced the liability of one of the defendants due to the statute of limitations for damages against the other defendants.
Considerations
2. b) Absolute statute of limitations
The federal court examined the issue of the absolute statute of limitations for damages. According to Article 60 paragraph 1 of the Code of Obligations (CO), the absolute statute of limitations begins to run from the day of the commission of the damaging act, and not from the day the damage is discovered.
4. a) Joint and several liability
The federal court also examined the issue of the joint and several liability of the owners of neighboring plots of land. According to Articles 50 and 51 of the CO, owners are jointly and severally liable for damage caused to a neighboring property if their actions contributed to causing the damage.
6. c) The defendant's claim for compensation against those liable under imperfect solidarity
The federal court finally examined the issue of the defendant's claim for…