Facts
P., a British national domiciled in the United States, had a chalet built in Valais by E., a local contractor. After disagreements over the final cost of the construction, P. prematurely terminated the contract and refused to pay the outstanding balance owed to E. The latter then initiated an action for payment against P. and requested the registration of a legal mortgage on the chalet.
The Civil Court of the Valais Cantonal Tribunal granted E.'s claim, ordering P. to pay him 26,512 CHF 45 and ordering the definitive registration of the legal mortgage. P. appealed against this judgment to the Federal Tribunal.
Considerations
The Federal Tribunal dismissed the appeal to the extent that it was admissible. It notably considered that the Swiss courts had jurisdiction to hear the action for payment and the request for registration of the legal mortgage, in application of the rules of Swiss private international law.
On the merits, the Federal Tribunal ruled that P. had terminated the construction contract prematurely in accordance with Art. 377 CO. In this case, the compensation owed to the contractor for…