Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ If by ac­ci­dent the work is des­troyed pri­or to com­ple­tion or de­liv­ery, the con­tract­or is not en­titled to pay­ment for work done or of ex­penses in­curred un­less the cus­tom­er is in de­fault on ac­cept­ance of the work.

² In this case any loss of ma­ter­i­als is borne by the party that sup­plied them.

³ Where the work has been des­troyed either due to a de­fect in the ma­ter­i­als sup­plied or the con­struc­tion site des­ig­nated by the cus­tom­er or as a res­ult of the meth­od of per­form­ance pre­scribed by him, the con­tract­or is en­titled to pay­ment for the work already done and of ex­penses in­curred that were not in­cluded in the price, provided he aler­ted the cus­tom­er to the risks in good time, and also to dam­ages if the cus­tom­er was at fault.