Facts
Company [S. AG] entrusted [B.] with the execution of carpentry work for two single-family houses in Würenlos. After disagreements on the progress of the work, [S. AG] declared on June 21, 1985 that it was withdrawing from the contract. [B.] then invoiced the work already carried out. [S. AG] commissioned another company to complete the work and remedy the defects. [B.] then brought an action for payment of the balance of its invoice, while [S. AG] filed a counterclaim for the costs of remedying the defects.Considerations
The Federal Tribunal considered that S. AG's withdrawal constituted a termination ex nunc of the contract, in accordance with Art. 366 para. 1 CO. In this case, the client can demand the return of the work already started in exchange for compensation. In terms of legal consequences, particularly with regard to the warranty for defects, this partial work is equivalent to the completed work. Art. 169 of the SIA 118 standard, applicable in…