Facts
- In 1970, the architect Berrut requested the official surveyor Georges Rey-Bellet to establish the leveling of the cross-sections on a plot intended for construction. An error crept into the plan, resulting in slopes that were less steep than reality. - Berrut sued the company Georges Rey-Bellet S.A. (having taken over the rights and obligations of Georges Rey-Bellet) for damages. - The Cantonal Court of Valais partially upheld the claim. - Georges Rey-Bellet S.A. appealed against this judgment.Considerations
The Federal Tribunal considered that the contract concluded between the parties was a contract for work, and not a mandate. Indeed, the surveyor had undertaken to carry out measurements on the ground and to report the results on a plan, which constitutes a work within the meaning of Articles 363 et seq. of the Code of Obligations (CO).
Therefore, the surveyor's liability is governed by the rules of the contract for work, in particular Articles 367 et seq. CO on the verification and notification of defects in the work. The liability action is therefore subject to the one-year limitation period provided for in Article 371(1) CO, and not to the ordinary ten-year prescription.
However, the special…