Kernrechtsfrage
How to qualify the engineer contract: mixed contract or pure mandate?
Extrahierter Entscheid
The contract was a mixed contract; planning and calculation duties were subject to sales/work-contract rules, while site supervision fell under mandate rules.
Extrahierte Begründung
The decisive criterion is the concrete content of the agreed services. Plan preparation and statics involve an objectively measurable result, whereas supervision is a diligence-based activity. The court followed its settled case law on architectural and engineering contracts.