Letzigrund: Implenia loses in court
The Zurich District Court has dismissed a lawsuit filed by Implenia in connection with the construction of the Letzigrund Stadium. Accordingly, the city of Zurich does not have to pay for the rectification of defects in the roof structure.
Implenia had been commissioned by the City of Zurich to build the new Letzigrund Stadium. After commissioning, the city complained about various defects, including a crack in the steel structure of the stadium roof. It demanded that Implenia make improvements to the roof, the light poles, the corrosion protection and the hot water supply.
Various checks were then carried out on the defects, in particular the structural safety and serviceability of the roof. At the request of the City of Zurich, Implenia also constructed 31 supporting pillars. In December 2010, Implenia demanded payment from the city for the costs of inspecting the defects and erecting the supporting pillars in the amount of around CHF 1.9 million. It based its claim essentially on the fact that the City of Zurich had not been entitled to demand rectification.
Court: City was allowed to demand rectification of defects
However, the Zurich District Court now ruled that the crack in the roof truss constituted a defect, which is why the City of Zurich was entitled to complain about it and demand rectification. It was also entitled to complain about the weld seams of the roof structure, which were not of the contractually agreed quality. Implenia has to bear the costs for the inspections of these defects.
Since the City of Zurich also had plausible evidence of defects in the corrosion protection of the stadium roof and in the welds at the base of the lighting poles on the stadium roof, it also does not have to bear the costs of inspecting these defects.
In addition, the court ruled that due to the crack in the roof truss and the insufficient quality of various weld seams of the roof structure, there was a reasonable suspicion that the structural safety of the stadium roof could be limited. Therefore, Implenia is not entitled to continue charging the City of Zurich for the costs of around CHF 680,000 for the construction of 31 supporting pillars.
The judgment is not legally binding. It can be appealed to the Higher Court of the Canton of Zurich.
The parties are conducting further legal proceedings concerning the construction of the new Letzigrund stadium. The District Court of Zurich last ruled on the compensation for work due to faulty tender and execution plans. This ruling has been appealed and is still pending before the higher courts. Three further proceedings are currently still pending before the Zurich District Court.
