Facts
On 20/23 January 1986, the companies Y. AG and Z. AG (the claimants) concluded a construction contract with company X. AG (the defendant) for the roofing of an industrial hall. In 1996, the claimants discovered defects in the roofing and demanded that the defendant carry out its repair. The defendant having refused, the claimants obtained a decision from the Commercial Court of the Canton of St. Gallen authorizing them to have the repair carried out by a third party at the defendant's expense, with an obligation for the latter to pay an advance of CHF 180,000 to cover the costs of the substitute repair.Considerations
The Federal Tribunal confirms the judgment of the cantonal court. It considers that when the client is entitled to call on a third party at the contractor's expense to remedy a defect in the work, he has the right to demand that the latter advance the repair costs. This is justified by the fact that the defaulting contractor must bear the consequences of his contractual breach…