Questione giuridica chiave
Whether the cantonal court could reduce the architect’s agreed hourly fees for deficient performance of mandate duties.
Decisione estratta
Yes. The architect’s remuneration was due in principle, but the court could reduce it because he breached his duty of diligence by failing to inform the owners clearly about cost consequences and by inadequately managing costs.
Motivazione estratta
The Federal Court held that the cantonal court assessed the evidence and experts without arbitrariness and could rely on the owners’ conduct, the lack of effective damage from the budget overrun, and the limited relevance of the experts’ fee calculations. A proportional reduction of the claimed fee was permissible.