The invoice from the electrician surprised Marianne Kofmehl (Name) . Because they had already paid a handsome amount. After a long time, it received a further account of several 10’000 Swiss francs.
A glance at the date shows that the Works have been completed more than five years ago. Marianne Kofmehl is unsettled: The craftsman has done in the framework of a total renovation of an old residential building although a lot of Works, but you can’t remember whether his late claim is justified. And finally, she doubts whether he can enforce his rights at all.
dispute cases in the grey zone
There are good reasons for doubt. Because, according to the Swiss code of obligations in the case of craft, a limitation to work is valid for a period of five years. However, the Federal court has restricted the criteria is clear: This period is only valid as long as the performance includes purely manual Work. Administrative activities, planning, or other intellectual products and services on a larger scale, not more to settle a customer claim after ten years.
“The construction of a house, the period is ten years, in the case of small craft work, such as, for example, a painter working in some of the rooms, Replacing Windows, or similar Work, the five-year period applies,” says Frédéric Krauskopf, Professor of private law at the University of Bern. In between, there is a large grey zone, in the case of a dispute, the courts must decide which Statute of limitation applies. In the case of Marianne Kofmehl it should be more like ten years.
a creditor Sent a bill late, so this is his fault. Accordingly, he may not demand a default interest rate.
If the customer is unsure of whether or not the company has provided the billed services, he can demand evidence. Craftsmen allow the customer to kind of work people do is often a acceptance Protocol signing. Lists all allocated Work, so a court recognizes this rule. Without the acceptance Protocol, the evidence is, however, more difficult. “Today, artisans are able to provide the proof often E-Mails or cell phone photos,” says Krauskopf. Without such evidence must testify in case of dispute, often employees as witnesses in court. Their opinions will have less weight, since it is difficult to charge the private employer.
a creditor Sent a bill late, so this is his fault. Accordingly, he may not demand a default interest rate. “The delay starts only if a warning, a deadline has been set for,” says Krauskopf. Default interest is only due when a debtor pays the amount outstanding after a reminder.
deadlines
The limitation is not only in craftsman-invoices, but also with other claims of any kind. The time limits vary. The main reason for the limitation of the mentioned uncertainties: The more a claim is, the more difficult it is to reconstruct them correctly. Strictly from a legal standpoint, there is still a demand even after a Statute of limitations. The debtor is no longer obligated to pay this. Important from the consumer’s point of view: The debtor must notice the limitation itself, and to point it out. It comes because of a late claim to a dispute, the judge expressly subject, to the limitation.
A limitation period can be interrupted. It begins again at zero, if the creditor initiates debt enforcement proceedings, complains or when the customer acknowledges the debt. (Tages-Anzeiger)
Created: 28.01.2019, 17:49 PM
