Facts
The "S." development consists of seven multi-family houses (Houses A-G) and a central underground garage, all divided into condominium units. B. AG supplied the construction company E. AG with various building materials such as fresh concrete, mortar, sand, drainage gravel, and demolition granulate from April 1994 to May 1995. As the construction company no longer paid the invoices, B. AG applied for the precautionary registration of contractor's liens on all condominium units.
The Commercial Court ordered the definitive registration of the contractor's liens only on the properties No. 2300-2308 and dismissed the rest of the claim. B. AG then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the contractor's liens must be registered proportionally on all condominium units of the entire development. This also applies if the protected construction work was practically carried out exclusively for a single building within the development.
Furthermore, the Federal Supreme Court stated that in a development with multiple buildings, which are…