Questione giuridica chiave
Whether default interest on the awarded contract damages runs from the filing date or only from the judgment date.
Decisione estratta
The awarded damages were not yet due at filing; interest is owed only from the date of the cantonal judgment, while pre-judgment financial loss may justify damages interest instead.
Motivazione estratta
In a defective-performance case, the claim is damages under Art. 97 OR. Because the loss accrued only gradually and the damages were assessed at the judgment date, the claim could not be due before that date. Default interest under Art. 104 OR therefore begins only when the court fixed the amount; earlier loss of capital, if proven, is treated as damages interest.