Facts
The company André Grütter AG appealed the judgment of the cantonal court that had partially upheld the statute of limitations exception raised by the defendant Büttikofer in the context of a contract for work. The facts are as follows: - In 1969, André Grütter carried out masonry, reinforced concrete, plasterwork and pipe work for Büttikofer based on a contract for work. The parties had agreed that SIA Standard 118 (1962 edition) would apply. - Büttikofer made advance payments in 1969 for a total amount of CHF 100,000 out of a total price of CHF 140,732.95. - After a reminder from Büttikofer in July 1970 to obtain the final invoice, the parties did not take any further action for more than 9 years. Grütter only issued the final invoice in December 1979, claiming a balance of CHF 70,209.20. - Büttikofer raised the statute of limitations exception, which the cantonal courts partially upheld.Considerations
The Federal Tribunal partially upheld Grütter's appeal. It considers that the starting point of the limitation period cannot be set at the end of January 1970, as the cantonal court had held, but at the earliest on 15 July 1970. Indeed, until that date, the parties seemed to be adhering to the procedure provided for in SIA Standard 118, according to which the limitation period only begins to run from the acknowledgment of the final invoice. The fact that Grütter was late in drawing up this invoice does not have the effect of moving the starting point of the limitation period…