Questione giuridica chiave
Whether the construction contract was agreed on a fixed-price basis or only as an estimate
Decisione estratta
The parties’ agreement, as reflected by the general estimate and the contract documents, established a fixed price for the work covered by the contract.
Motivazione estratta
The cantonal court relied on pre-contractual and subsequent conduct, the contractual documents, and the absence of proof that an earlier table formed the contractual basis. This was treated as a finding of actual common intent, and in any event the owners could in good faith understand the price as firm.