Kernrechtsfrage
Whether the owners could terminate without first setting a cure period under Art. 108 ch. 1 CO.
Extrahierter Entscheid
The exception to the notice requirement did not apply because the contractor was not shown to be certainly, objectively and actually incapable of remedying the defects within a reasonable time.
Extrahierte Begründung
The Federal Court held that the cantonal court's assessment was not arbitrary. Given the restrictive nature of the exception and the prognostic uncertainty involved, the finding that the contractor might still provide at least minimally acceptable remedial work was sustainable.