Dismissal of the Appeal against the Claim for Contractor's Fee

Facts

In May 2007, [Y. AG] (Plaintiff) concluded a contract for work with [X. AG] (Defendant) as the building owner for various plastering and rendering works. The parties disagreed on the owed contractor's fee. The Plaintiff filed a lawsuit and demanded the payment of CHF 109,948.70 plus interest. The Commercial Court of Zurich dismissed the claim for reimbursement of the costs of the proceedings regarding the provisional registration of the builder's lien, but upheld the contractor's fee claim of CHF 109,948.70 plus interest. The Defendant filed a civil law appeal with the request to set aside the judgment of the Commercial Court. The Federal Supreme Court dismissed the appeal.

Considerations

The Federal Supreme Court stated that the lower instance had rightly qualified both parties as acting in good faith within the meaning of Art. 672 CC. Although the Plaintiff had failed to inquire carefully about the existence of the supplementary offer, it had nevertheless believed in the Defendant's consent and executed the supplementary offer. There were no indications of dishonest, morally reprehensible conduct by the Plaintiff. Therefore, good faith had to be affirmed. Furthermore, the Federal Supreme Court considered the amount of the awarded compensation to be correct. The lower instance had rightly assumed that the…