Questão jurídica principal
Whether the owner's claim against the architect was time-barred and forfeited despite late discovery of the defect.
Decisão extraída
The owner's warranty claim against the architect had expired by 13 August 1991 at the latest, and because no defect notice could be given within that period, the claim was also forfeited.
Fundamentação extraída
For design defects in a building contract, Art. 371 CO applies; the five-year period starts at the latest upon early termination or delivery of the unfinished work, not upon discovery of the defect. Once the warranty period had expired before the defect was discovered, a later notice could not revive the claim.