Questão jurídica principal
Which limitation period applies to the contractor's claim for the renovation works: five years under Art. 128 ch. 3 CO or ten years under Art. 127 CO?
Decisão extraída
The works were not artisanal within the meaning of Art. 128 ch. 3 CO; the ordinary ten-year limitation period applied.
Fundamentação extraída
The decisive criterion is the nature of the work, not the size of the enterprise or use of staff. Given the diversity, scope, and required planning and coordination of the combined renovation works, the claim was not subject to the special five-year period.