Dismissal of the claim for damages due to late notification of defects

Facts

The building owner [A.] (appellant) commissioned [B. AG] (respondent) in 2003 to carry out plumbing and sanitary work on his property. In 2005, the respondent carried out additional work to drain and waterproof the terrace. In 2009, the building owner detected water ingress in the terrace extension and demanded damages of CHF 384,017.60 from the respondent. The District Court and the High Court of the Canton of Solothurn dismissed the building owner's claim. The Federal Court upheld this decision.

Considerations

The Federal Court stated that a new, additional contract had been concluded for the work on the drainage and waterproofing of the terrace in 2005, in which a shortened warranty period of 18 months had been…