Compensation of the Architect for Services Rendered

Facts

A. and B. [X.] (Appellants) intended to renovate and extend their single-family house. They commissioned the architect [C.] (Respondent) to handle the planning. The Respondent first prepared a "rough cost estimate" of CHF 735,000.-- and later a detailed cost estimate of CHF 927,600.--. The Appellants were not satisfied with the costs and demanded a cost limit of CHF 680,000.--. When the Respondent did not comply, the Appellants nevertheless submitted the building permit application. The Respondent sued the Appellants at the District Court of Arlesheim for payment of CHF 62,300.25 plus interest for his architectural services rendered. The District Court upheld the claim. The Appellants' appeal against this decision was dismissed by the Cantonal Court of Basel-Landschaft.

Considerations

The Federal Court confirmed the decision of the Cantonal Court. It stated that as an architect, the Respondent had an obligation to provide the client with a cost calculation and inform them about the expected costs within the scope of the assigned mandate, and had to clarify the degree of accuracy of the cost information. If he fails to do so, it must be examined in the individual case what specific trust the client could have had in good faith in the cost information provided by the architect. The Cantonal Court concluded that based on the designation "rough cost estimate" and the outstanding detailed planning and procurement of offers, the Appellants could not have assumed the accuracy of this…