Facts
In July 1995, architects C., D. and E. joined forces to participate in an ideas competition launched by the Canton of Vaud for the construction of the Bavois motorway service area. Their project was selected for the second phase of the competition, which involved the collaboration of an engineering firm. The architects then contacted engineers A. and B., who acted as consultants.
After submitting the project, the engineers demanded payment for their services, but the architects refused, arguing that there had been no agreement on remuneration. The engineers then filed a claim for payment before the Civil Court of the Vaud Cantonal Tribunal, which rejected their claim. The engineers then appealed to the Federal Tribunal.
Considerations
The Federal Tribunal dismissed the appeal and upheld the judgment of the cantonal court. It considered that, according to the rule of Art. 8 CC, it was the responsibility of the engineers to prove that their services had been agreed upon for consideration, which they had failed to demonstrate.
The Federal Tribunal also ruled that, in the absence of proof of an agreement on the consideration nature of the service, there could be no contract for work within the meaning…