Key legal question
Whether the 2005 terrace drainage works were governed by a new contract with an 18-month warranty period.
Extracted holding
Yes. The court accepted the factual finding that a new additional contract was concluded in 2005 and that the written confirmation of 7 November 2005, containing an 18-month warranty period, was received.
Extracted reasoning
The appellant attacked the lower court's factual assessment only in an appellatory manner. The Federal Supreme Court found no arbitrariness in the finding of a separate contract and acceptance of the written confirmation; therefore the shortened warranty period applied.