Civil Code > TITLE XVI CONTRACTS FOR THE PERFORMANCE OF SERVICES 3

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Chapter 3. Contract of work and labour

Art. 2610 – Definition.

A contract of work and labour is a contract whereby one party, the contractor, undertakes to produce a given result, under his own responsibility, in consideration of a remuneration that the other party, the client, undertakes to pay him.

Art. 2611 – Building undertakings.

(1) The provisions applicable to contracts of work and labour relating to an immovable are laid down in the Title of this Code regarding “Contracts relating to Immovables” (Art. 2019-3040).

(2) The provisions of this chapter shall however apply where the total cost of the building to be done does not exceed five hundred Ethiopian dollars.

Art. 2612 – Implied acceptance.

(1) Where a person has publicly offered to execute a certain task or where the carrying out of this task is within his professional duties, a contract of work and labour shall be formed where such person, having received an offer, does not immediately refuse to carry out the task which has been ordered.

(2) The same shall apply where a person is appointed by the public authorities to carry out a certain task and does not immediately refuse to do so.

Art. 2613 – Materials and tools.

(1) The contractor shall provide at his own expense the materials and tools necessary for the carrying out of the task.

(2) It may however be stipulated that he shall only provide his services and that the materials or the tools shall be provided by the client.

Art. 2614 – Materials provided by contractor.

(1) The contractor shall be liable for the good quality of the materials provided by him.

(2) He shall give the same warranties as a seller.

(3) There shall be a contract of sale and not a contract of work and labour where the work which a party undertakes to do has a character of secondary importance in relation to the value of the things which such party provides.

Art. 2615 – Materials provided by client.

(1) Where the materials are provided by the client, the contractor shall use them with care.

(2) He shall render an account to the client of the use which he has made of them and restore to him what remains after the execution of the work.

(3) Where the materials provided to him by the client are defective, the contractor shall immediately give notice thereof to the client.

Art. 2616 – Independence of contractor.

(1) The contractor shall carry out his task as he wishes and shall comply with the rules of his profession.

(2) He shall not be bound to comply with the orders of the client, except in so far as he has agreed, at the time of the contract, to comply therewith.

Art. 2617 – Personal execution of work.

The contractor shall carry out the task in person unless, considering the nature of the work ordered, his personal capacities are not of importance to the client.

Art. 2618 – Delay in execution of work.

(1) Where the contractor delays the carrying out of his task so that it becomes evident that he cannot accomplish it in the time fixed in the contract, the client may fix him a reasonable time limit to begin the execution of the task.

(2) Where the contractor, after this time limit, has not begun the task or has interrupted it in bad faith, the client may cancel the contract without waiting for the expiry of the period laid down for the completion of the task.

(3) Where appropriate, the client may also claim, in such a case, damages from the contractor.

Art. 2619 – Where no time limit has been fixed.

(1) Where no time limit has been fixed in the contract, the contractor shall immediately begin the execution of his task and complete it within a reasonable time in accordance with custom.

(2) The provisions of Art. 2618 shall apply where the contractor does not immediately begin the carrying out of his task or where he interrupts it.

Art. 2620 – Defective execution of the task.

(1) Where it appears, during the currency of the contract, that the task is being carried out in a defective manner or contrary to the contract, the client may fix a reasonable time limit for the contractor to put right the fault.

(2) Where the contractor does not put the matter right within this time limit, in accordance with the rules of his profession and the contract, the client may cancel the contract without awaiting, in order to assert his rights, the term provided for the completion of the task.

(3) He may in addition claim damages from the contractor, where appropriate.

Art. 2621 – Putting work at client’s disposal.

(1) Where the contractor has finished his task, he shall put the result at the disposal of the client at the place fixed in the contract or, in the absence of such a place, at the place where the contractor has his undertaking or residence.

(2) The client shall take over the work immediately in accordance with business practice.

Art. 2622 – Warranty against defects.

(1) The contractor shall guarantee to the client that the work conforms to the contract and is not defective.

(2) The provisions of the Chapter of this Code relating to “Sale” shall apply to the warranty given by the contractor to the client (Art. 2287-2300, 2332, 2344-2346).

Art. 2623 – Time for payment.

(1) The price shall be paid to the contractor where the work has been completed and has been accepted by the client.

(2) Where partial deliveries and payments have been agreed, the price attaching to each part of the work shall be paid at the time of the delivery and acceptance of that part.

Art. 2624 – Price fixed in advance.

(1) Where the price has been fixed in advance, the client shall pay that price.

(2) The contractor may not claim an increase on the ground that the work has required more effort or expense than had been foreseen.

(3) The client may not claim a reduction on the ground that the work has required less effort or expense than had been foreseen.

Art. 2625 – Changes in the agreed work.

(1) The price fixed in advance for the work shall remain the same notwithstanding that changes have been made by a new agreement between the parties in the conditions under which the execution of the work was originally to have been carried out.

(2) Such changes shall not give rise to an increase or decrease in price unless such has been agreed.

Art. 2626 – Price not fixed in advance.

(1) Where the price has not been fixed by the contract, it shall be fixed by the contractor in accordance with professional rates and usages.

(2) In the absence of professional rates and usages, it shall be fixed by reference to the value of the materials provided by the contractor, the work normally necessary to carry it out and the expenses of the contractor.

Art. 2627 – Price fixed approximately.

Where a price has been fixed approximately on the making of the contract, the actual price may not exceed by more than twenty percent the approximation thus made.

Art. 2628 – Right of retention.

(1) The contractor shall have, as a guarantee of the obligations that the client owes him under the contract, a right of retention over such movable goods belonging to the client as he has made or repaired and as are in his possession.

(2) Where the things which the client has entrusted to him belong to a third party, the contractor may set up his right of retention against such third party, unless he knew or should have known that the things were entrusted to him without the knowledge or against the will of the third party.

Art. 2629 – Risks.

(1) Where the materials necessary to the execution of the work have perished by force majeure, their loss shall be borne by the party who has provided them.

(2) The provisions of the Chapter of this Code relating to “Sale” shall apply as regards the transfer of risks (Art. 2323-2338).

Art. 2630 – Death of contractor.

(1) Where the contractor dies or is prevented by force majeure from completing the work, the contract shall terminate where it had been made on the basis of the personal capacities of the contractor.

(2) The client shall accept such parts already executed of the work as he can use and shall pay the price for them.

(3) He may demand that the materials and plans prepared for carrying out the work be delivered to him against fair payment.

Art. 2631 – Unilateral termination of the contract.

(1) The client may at any time terminate the contract.

(2) The contractor shall in this case be entitled to the price that had been fixed.

(3) From this price, there shall however be deducted savings made by the contractor in consequence of the termination of the contract and any advantages that he may have gained by employing his work elsewhere or that he may have failed thus to gain by reason of his bad faith.

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