Key legal question
Whether the cantonal court violated Art. 8 CC by refusing to order an expert report to prove the extent of defects and related expenses.
Extracted holding
No. Art. 8 CC does not entitle a party to an expert report when the court may reasonably rely on other available evidence or when the requested expertise would not cure the party's evidentiary shortcomings.
Extracted reasoning
The refusal was justified because some claims failed for legal reasons, some could not be proven by expertise, and for the missing items the appellant had other means of proof available, such as purchase invoices. Art. 8 CC does not regulate evidence assessment or oblige the court to take a specific means of proof.