Facts
Eugen Stauber entrusted Max Schwinger, a master painter, with renovation work on the exterior façade of his building in Zurich. After the work was carried out, Stauber reported certain defects in 1965. Schwinger rejected these claims as unfounded. Stauber then filed a lawsuit against Schwinger to compel him to repaint the entire façade or pay him compensation. The district court upheld Schwinger's plea of prescription based on Art. 371(1) CO. On appeal by Stauber, the Higher Court rejected the plea of prescription, considering that the warranty claims were subject to the 5-year limitation period under Art. 371(2) CO for immovable works. Schwinger appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court upheld Schwinger's appeal. It considers that the façade painting work, although carried out on a building, does not in itself constitute an "immovable work" within the meaning of Art. 371(2) CO. This provision only applies when the subject matter of the contract for work is a building as such, and not to routine maintenance work on a building. Painting defects generally manifest themselves…