Key legal question
Whether the contractor breached its duty to inform by not warning that a 16°C bedroom cooling target was legally impermissible.
Extracted holding
The duty to inform under Art. 365 para. 3 CO covers circumstances that threaten proper performance or delay; the requested temperature was not part of the contract, and the contractor's application for ordinary authorization did not create a duty to warn.
Extracted reasoning
The low-temperature requirement was not contractually promised or objectively implied. The administrative request matched the agreed project, so it was not a compromising circumstance.