Key legal question
Whether the cantonal court arbitrarily treated the construction contract as a forfait price contract based on the general estimate of 9 May 1999.
Extracted holding
The cantonal court could reasonably find that the parties had agreed on a fixed price and that the general estimate formed the basis of the contract.
Extracted reasoning
The precontractual documents, the parties' conduct, the unsigned SIA contract, the signed annexes, and the billing practice all supported the finding of a common intention to fix a firm price.