11 02 72 · Art. 839 Abs. 2 ZGB

11 02 72 • KG LU 11 02 72 AI generated

Construction Lien Deadline with Successive Contracts and Final Component Delivery

Case Number 11 02 72

Court / Authority Kantonsgericht · sonstige

Jurisdiction

Switzerland · Canton of Lucerne (CH-LU)

Decision Date 2002-12-05

Outcome Allowed / Granted

Open official source Entscheidsuche mirror Machine-readable Markdown (.md)

Legislator summary

AI generated

The court considered the deadline for registering a construction lien under Article 839 Para. 2 of the Civil Code when multiple, temporally separated work contracts are involved, where the lower court had ruled the three-month period had expired based on the earliest work completion. The appellate court overturned this, reasoning that repeatedly performed, similar services for the same construction project, even if under formally separate contracts taken over by a successor company, constitute a single construction work with a unified deadline, provided there is an internal functional connection, and the final delivery of a necessary component, such as a maintenance access cover essential for the reliable operation of the ventilation system, extends the completion date, thereby validating the timely filing of the lien application.

Legislator headnote

AI generated

Art. 839 Abs. 2 ZGB, Art. 839 ZGB; Construction Lien Deadline with Successive Contracts and Final Component Delivery: 2 of the Civil Code when multiple, temporally separated work contracts are involved, where the lower court had ruled the three-month period had expired based on the earliest work completion. The appellate court overturned this, reasoning that repeatedly performed, similar services for the same construction project, even if under formally separate contracts taken over by a successor company, constitute a single construction work with a unified deadline, provided there is an internal functional connection, and the final delivery of a necessary component, such as a maintenance access cover essential for the reliable operation of the ventilation system, extends the completion date, thereby validating the timely filing of the lien application.