Facts
[A.] , [B.] and [C.] are architects who concluded a construction contract with the company [X. AG] for the development of a real estate project aimed at the construction of 75 to 100 housing units. The contract provided that the payment of the architects' fees was subject to the suspensive condition of obtaining the building permit. After the failure of the first project, the parties agreed on a new project, but the company [X. AG] refused to give its consent for the filing of this project with the authorities.
The architects sued [X. AG] for payment of the outstanding fees. The cantonal courts granted their claim. [X. AG] appealed to the Federal Tribunal, arguing that the obligation to pay the fees was subject to a suspensive condition that had not been fulfilled.
Considerations
The Federal Tribunal considered that the payment of the fees was indeed subject to the suspensive condition of obtaining the building permit. However, it ruled that the conditions of Art. 156 CO were met, so that this condition had to be deemed fulfilled. Indeed,…