Question juridique clé
Whether the owner could charge the contractor with third-party repair costs as defect remedies under Art. 368 CO and SIA 118 despite the high cost of repair.
Solution extraite
The repair costs were disproportionate to the interest in eliminating mainly aesthetic defects, so the owner could not have the repair carried out at the contractor's expense.
Motifs extraits
Under Art. 368 CO and SIA 118, excessiveness is assessed by comparing repair costs with the utility of defect elimination for the owner, not by a purely arithmetical comparison with the contract price. Here, even reduced by ancillary items, the repair still far exceeded the price of the work and was unjustified.