Civil Code > TITLE XVIII CONTRACTS RELATING TO IMMOVABLE 3

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Chapter 3. Contract of work and labour relating to immovables

Art. 3019 – Application provisions.

(1) The provisions of this Chapter shall apply to contracts of work and labour relating to work to be done in connection with the building, repair or installation of immovables.

(2) The provisions relating to contracts of work and labour laid down in the Title of this Code relating to “Contracts for the performance of services” shall also apply where they are not inconsistent with those of this Chapter (Art. 2610-2631).

Art. 3020 – Making and proof of contract.

(1) The contract shall be completed where the parties have agreed on the work to be done and on the price.

(2) There shall be evidence of the contract where the contractor has undertaken work to the knowledge of the client or received an advance from the client.

Art. 3021 – Work to be done. – 1. Sufficient description.

(1) The work to be done may be described by means of a plan, scheme or other document.

(2) The contractor shall in such case comply with the indications given in such documents.

Art. 3022 – 2. General description.

(1) Where the work to be done has been described in a general manner, the contract shall be construed in a restrictive manner as regards the importance of such work.

(2) Prior to undertaking a work, the contractor shall, whenever this appears reasonable, satisfy himself that the client agrees to the work to be undertaken.

Art. 3023 – Provisions as to price.

(1) The price to be paid by the client may be fixed by way of a lump sum.

(2) An estimate price may be fixed.

(3) Where no lump sum or estimate price is fixed, the price shall be deemed to be fixed having regard to the value of the materials and importance of the work necessary to perform the contract.

Art. 3024 – Price fixed approximately.

(1) Where the price has been fixed approximately, the contractor shall carry out the contract as though the price had been fixed by way of a lump sum.

(2) He shall fix the price definitively having regard to the expenses made and difficulties encountered in the performance of the contract but the price so fixed may not exceed by more than twenty percent the price agreed as approximate price.

(3) Unless otherwise agreed, the client may not demand accounts for the price so fixed nor may he appeal against such price.

Art. 3025 – Price fixed having regard to expenses and labour. – 1. Duty to account.

(1) Where the price is fixed having regard to the value of the materials and the work necessary for the performance of the contract, the contractor shall, notwithstanding any agreement to the contrary, inform the client of the work already done and expenses already incurred.

(2) Unless otherwise agreed, such information shall be given at the end of each month.

Art. 3026 – 2. Remuneration of contractor.

(1) The contractor shall be entitled to the remuneration fixed by agreement between the parties.

(2) In the absence of a specific provision, he may only enter in the accounts given by him to the client wages corresponding to his work.

Art. 3027 – 3. Rights of client.

(1) The client may at any time require that the amounts appearing in the accounts of the contractor be checked by experts.

(2) Where the parties have not agreed on the remuneration of the contractor, the client may require that such remuneration be fixed by arbitrators.

Art. 3028 – Examination of work.

The client may at any time cause to be examined by express the progress achieved in the work, the quality of the materials used and of the work completed.

Art. 3029 – Delivery and payment.

(1) Payment of the price shall raise the presumption that the work has been examined and accepted by the client.

(2) The provisions of sub-art. (1) shall not apply where the sums paid are to be regarded as installments on the price.

Art. 3030 – Partial delivery and payment.

(1) Where it has been agreed that the work would be carried out by stages, such work shall be examined and delivered on completion of each of such stages.

(2) The contractor may require that part of the price corresponding to the work completed be paid to him on completion of each of such stages.

Art. 3031 – Alterations required by client. – 1. Rights of client.

The client may demand that alterations be made in the work as originally planned where such alterations can technically be made and are not such as to impair the solidity of the work.

Art. 3032 – 2. Effect.

(1) The client may require a reduction in the price as originally agreed where the alterations required by him reduce the expenses of the contractor.

(2) The contractor may require an increase in the price and his remuneration as originally agreed, where the alterations required by the client increase his expenses, work or liability.

(3) Where the parties do not agree, such reduction or increase shall be settled by arbitrators appointed by the parties or, failing such, by the court.

Art. 3033 – 3. Contractor refusing alterations.

(1) The contractor may refuse the alterations required by the client where such alterations affect plans, schemes or other documents on which the parties had agreed.

(2) The contractor may also refuse the alterations where they are of such a nature or importance that they constitute a work absolutely different to the agreed work.

(3) The work shall be deemed to be absolutely different to the agreed work where it implies an alteration exceeding by twenty percent the value at which the original work was or could have been estimated.

Art. 3034 – Alterations required by contractor.

(1) Where it appears necessary for technical reasons to make alterations in the work as originally agreed, the contractor shall, except in urgent cases, give notice thereof to the client.

(2) The contractor shall give such notice notwithstanding that the proposed alterations do not result in the client having to pay an increased price.

Art. 3035 – Termination of contract.

The client may at any time terminate the contract, notwithstanding that the contractor has committed no fault.

Art. 3036 – Rights of contractor. – 1. Price fixed by way of a lump sum.

(1) Where the client terminates the contract, the contractor shall be entitled to the lump sum or approximate price agreed.

(2) The amounts saved by the contractor in consequence of the termination of the contract shall be deducted.

(3) Where the price had been fixed approximately, the contractor may increase by not more than twenty percent the sums due by the client under sub-art. (1) and (2).

Art. 3037 – 2. Price fixed otherwise.

(1) Where the price had been fixed having regard to the value of the materials and the work necessary for the performance of the contract, the contractor shall be entitled to the value of the materials used and work carried out before he was informed of the termination of the contract.

(2) The client shall be bound by the contracts made in good faith by the contractor prior to the termination of the contract or shall make good the damage caused to the contractor by the rescission of such contracts.

(3) The contractor shall be entitled to the whole remuneration agreed with the client.

Art. 3038 – Rescission of contract.

(1) Where the contract is rescinded by reason of a fault committed by the contractor or his refusing to accept alterations required by the client, the contractor shall be entitled to such part of the price and remuneration as corresponds to the work already carried out.

(2) Nothing shall affect the client’s right to claim damages for the prejudice caused to him by the contractor failing to perform his obligations.

Art. 3039 – Warranty due by contractor.

(1) The contractor shall guarantee during ten years from its delivery the proper execution and the solidity of the work done by him.

(2) He shall be liable during this period for such loss or deterioration of the work as is due to a defect in its execution or to the nature of the soil on which the work has been done.

(3) Any provision shortening the period laid down in sub-art. (1) or excluding the warranty due by the contractor shall be of no effect.

Art. 3040 – Claim by sub-contractors or workmen.

Independent contractors or workmen employed under a contract of work and labour relating to an immovable may claim against the person on whose behalf the work was done with a view to obtaining payment of their claims to the extent of the amount due by the client to the principal contractor on the day the claim is made.

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