Questione giuridica chiave
Whether the owner's fax of 31 March 1997 constituted an early termination of the construction contract under Art. 377 CO rather than a consensual ending.
Decisione estratta
The declaration, read under the reliance principle, amounted to a clear unilateral termination by the owner and Art. 377 CO applied.
Motivazione estratta
The cantonal court did not wrongly refuse a new legal theory; on the established facts, the contractor's earlier letter did not show termination, whereas the owner's fax clearly expressed that she would not continue the collaboration.