Dismissal of the Claim for Price Increase for Locksmith Work in the Construction of a Natural History Museum

Facts

Raymund Caluori AG had concluded a contract for locksmith work, including handrails, for the construction of the new natural history museum in Chur. After it became apparent that the handrails had to be executed for a spiral staircase instead of a straight staircase, Caluori AG demanded a price increase. The Federal Supreme Court dismissed the claim for a price increase, as Caluori AG as a diligent contractor should have recognized the necessity of the spiral staircase.

Considerations

The Federal Supreme Court decided that in this case, Art. 373 para. 2 CO is applicable and not the general regulation on fundamental error according to Art. 24 para. 1 no. 4 CO. Art. 373 para. 2 CO allows the judge to grant a price increase or termination of the contract in the event of unforeseeable circumstances that significantly impede the completion of the work.

However, the Federal Supreme Court concluded that Caluori AG as a diligent contractor should have recognized the necessity of the spiral staircase. From the tender documents, the plans, and the…