Questione giuridica chiave
Whether the warranty and damages claims under the construction contract were prescribed under Art. 180 para. 1 SIA 118.
Decisione estratta
The five-year limitation period had expired before the 2008 debt enforcement notice, so the warranty claims were time-barred.
Motivazione estratta
The work was delivered in autumn 2002; the defect in balcony sealing was discovered in July 2005; no interrupting act by the builder occurred before the end of 2007; therefore prescription was complete by April 2008.