Questione giuridica chiave
Whether the second fee agreement could be avoided for fundamental mistake based on the later cost estimate
Decisione estratta
The client failed to show a timely and valid avoidance for mistake; the later cost development was a future event and the parties had only agreed on estimates, not a cost cap.
Motivazione estratta
The alleged mistake concerned a future circumstance that the client could not treat as certain. Because the contracts were based on cost estimates and no fixed ceiling was agreed, there was no qualifying fundamental mistake.