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Do you know a lawyer? Then you can do an experiment that could be fun and definitely a little bad. First, innocently ask: “After how many years does a claim actually become statute-barred?” Pay close attention to how the other person reacts; When you hear the word “timeout” the hair on the back of your neck will probably stand up.
Because the issue matters: The deadline determines whether someone can still request their money or service, or if it’s too late. And it’s complicated. Maybe the person you’re talking to doesn’t show anything yet and mumbles something like “normally ten years.” This is true, but there are also what seem like thousands of exceptions.
So you come up with the first, still good example: “The architect hasn’t billed me for years. How much longer can he keep doing this?” Correct answer: Ten years, normal period. But now you’re faced with an unpleasant practice – after all, you want to see the sheer terror on the other person’s face: “So what does the picture frame I had my carpenter make look like? He used prefabricated rods and cut them one by one.” Principle: Claims arising from classical workmanship become statute-barred only after five years.
This provision arose in 1971 from the idea that contracts with masters should be concluded quickly, without being in writing. Accordingly, the requests coming from this need to be shorter. However, the article of the law does not fit well with today’s world and always causes confusion. For example, when using machines such as prefabricated rods of the picture frame. Classic craftsmanship, yes or no? The Federal Court ruled yes and therefore granted a five-year period. Reason: The focus is on craftsmanship.
Case study regarding statute of limitations
Standardized doors, which cost a lot of money and require lengthy written contracts, are also a challenge. This is no longer a small, everyday job. But it’s kind of a masterstroke, isn’t it? In any case, you can definitely distract your colleague. And then really show the story of a door company that had to go to federal court:
In the autumn of 1978 the company installed standard doors on a large project in the canton of Glarus for around 15,000 francs. He didn’t get any money: Construction management wasn’t happy with the outcome. The door company could have taken immediate action and filed a lawsuit. He did so, but only seven years later in the civil court of Glarus.
Of course, the other party said, among other things: This request is time-barred, we do not need to pay anything. However, the court ruled: No, the statute of limitations did not expire. The Supreme Court evaluated this differently. According to him, its claim as a craft business ended after just five years.
The Federal Court ruled otherwise. He ruled in favor of the door company – so a period of ten years. Because it does not matter whether standardized material is used or not. For example, if a carpenter builds a bookcase from standardized boards, this is conventional workmanship and hence the lead time is five years. However, the door company only delivered and installed standard doors. There is not much labor left. The court also noted: The five-year regulation is an exceptional provision and should therefore be interpreted narrowly.
Which limitation period applies?
For consumers, this means that if they receive a bill for services that occurred more than five years ago, they first need to consider what the statute of limitations might be. Perhaps the five-year special period for legal action will apply (see “What is classical mastery?”) and you can argue that the statute of limitations has expired. In any case, if the receivables enforcement continues, a legal proposal is made. Then the other party has to go to court, otherwise nothing will happen. Or you can be fair and still pay if something good has been delivered or installed.
Source :Blick
I’m Tim David and I work as an author for 24 Instant News, covering the Market section. With a Bachelor’s Degree in Journalism, my mission is to provide accurate, timely and insightful news coverage that helps our readers stay informed about the latest trends in the market. My writing style is focused on making complex economic topics easy to understand for everyone.
