Questione giuridica chiave
Whether the cantonal court assessed the expert evidence arbitrarily and wrongly denied imputability of the defect to the contractor.
Decisione estratta
The cantonal court could rely on the expert reports and was not arbitrary in finding that the exact cause of the defect remained unproven and could not be attributed to the respondent.
Motivazione estratta
Both the private and judicial experts left open several possible causes, including interference by third parties. The decisive cause could not be determined without full removal of the lining, which the appellants neither requested nor carried out. The court therefore could accept that the burden of proof under Art. 8 CC was not met.