Facts
Dr. jur. Pierre Zollikofer commissioned the architect-technician HTL Albert Bötschi on April 26, 1962 to prepare plans and cost estimates for a single-family house and to undertake the architectural work for the construction. On April 2, 1963, Zollikofer revoked the order, whereupon Bötschi invoiced him on April 25, 1963 and served him a payment order on July 13, 1963. Zollikofer raised a legal objection, but on August 22, 1963 made Bötschi a settlement proposal, which Bötschi rejected on September 3, 1963.
On December 18, 1969, Bötschi made his claim from the architect's order of CHF 10,736.15 plus interest the subject of a conciliation request, and on August 27, 1970 he filed a lawsuit for it with the District Court of Bülach.
Considerations
The Federal Supreme Court decided that the architect's claim for fees is not subject to the five-year statute of limitations pursuant to Art. 128 para. 3 CO, but instead to the general ten-year statute of limitations pursuant to Art. 127 CO.
The court justified this by stating that the list in Art. 128 para. 3 CO is exhaustive and that the work of the architect cannot be regarded as "craft work" within the meaning of this provision. Architectural services are rather of an intellectual nature and therefore do not fall under the short statute of…