Facts
The construction of the N3 motorway required the construction of a service bridge over the Escher canal, which had to be built by the K.-S. joint venture. In May 1977, the joint venture awarded the construction of the falsework for the middle span of the bridge to company X. On July 4, 1977, the falsework was inspected by the parties, during which a representative of the construction management pointed out various defects. On July 29, 1977, the joint venture began concreting when the falsework collapsed and caused significant property damage.
In November 1982, the K.-S. joint venture sued company X for damages. The district court dismissed the claim due to the statute of limitations, which was confirmed by the higher court. The plaintiffs then appealed to the Federal Court.
Considerations
The Federal Court concluded that the contract between the parties was subject to the law of contracts for work and services and not to the law of agency. Claims of the client for defects in the accepted work generally become statute-barred within one year of delivery of the work.
The falsework was inspected by the parties on July 4, 1977 and considered complete. The plaintiffs began concreting on July 29, 1977, at which point the falsework was considered delivered. Thus, the one-year statute of…