Questão jurídica principal
Whether the cantonal court violated Art. 368 para. 2 CO and Art. 4 CC by fixing the price reduction for defects at the repair-cost-based amount.
Decisão extraída
The cantonal court correctly determined the reduction of the contract price in proportion to the work's diminished value and did not abuse its discretion.
Fundamentação extraída
For a defect in works, the price reduction corresponds to the less-value of the work. The judge may presume that the less-value equals repair costs, but that presumption can be rebutted. Here, the appellants relied on facts not established by the cantonal court and raised merely appellatory objections.