Jugement Kantonsgericht (VD - HC/2019/522)

Canton:	VD
Case number:	HC/2019/522

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2019/522 vom 19.08.2019 (VD)

Date:	19.08.2019
Force of law:	-

Summary:	The Bern Chamber of Appeals has annulled the judgment of the Cantonal Court of Bern of 14 November 2016 and dismissed the action of I.________ SA against B.________ SA. I.________ SA had sued B.________ SA for damages due to defects in a wooden structure erected by B.________ SA. The Bern Chamber of Appeals came to the conclusion that the I.________ SA did not provide evidence of the shortcomings. B.________ SA therefore has no compensation to pay. The I.________ SA must bear the costs of the procedure. More detailed summary: I.________ SA had sued B.________ SA for damages in the amount of CHF 1.2 million. I.________ SA considered that B.________ SA had committed defects in the construction of a wooden structure on its behalf. The defects would have led to water ingress and mold formation. The Bern Chamber of Appeals has dismissed the action of I.________ SA. The Board came to the conclusion that I.________ SA did not provide evidence of the shortcomings. The I.________ SA had presented witness evidence that pointed to defects. However, the witness evidence was inconclusive. The Board therefore considered that I.________ SA could not prove that the defects were due to a culpable breach of duty by B.________ SA. B.________ SA therefore has no compensation to pay. The I.________ SA must bear the costs of the procedure.
Rule of Law:	Art. 100 BGG;Art. 106 ZPO;Art. 318 ZPO;Art. 74 BGG;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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