CONTRACT FOR A PIECE OF WORK

Articles 1713 1731, Civil Code of the Philippines

What is a contract for a piece of work?
By the contract for a piece of work the
contractor binds himself to execute a piece of
work for the employer, in consideration of a
certain price or compensation. The
contractor may either employ only his labor
or skill, or also furnish the material (Art.
1713).
obligations of the contractor
If he agrees to furnish the materials, such
contractor shall deliver the thing produced to the
employer as well as transfer dominion over the
thing (Art. 1714).
He shall execute the work in such a manner that it
has the qualities agreed upon and has no defects
which destroy or lessen its value or fitness for its
ordinary or stipulated use (Art. 1715).
He shall be responsible for the work done by
persons employed by him (Art. 1727).
RIGHTS OF THE CONTRACTOR
To demand the payment of the agreed price
or remuneration as well as the payment of
the materials so furnished by him (Art. 1718).
If the work is executed on movables, he has
the right to retain it by way of pledge until he
is paid (Art. 1731).
LIABILITIES OF THE CONTRACTOR
To be liable for all the claims of his laborers and
others employed by him and of third persons for
death or physical injuries during the construction
(Art. 1728).
To be liable for the hidden defects (Art. 1719).
To be liable for damages if the building should
collapse within 15 years owing to structural defects
(Art. 1723).
To be liable for damages in case of unreasonable
withdrawal from the contract (Art. 1724).
Problem 1:
An engineer agrees to construct a residential
house under the lump-sum contract of
P2,000,000.00. While the building is nearing
completion, it is destroyed by fire of unknown
origin. Who suffers the loss?
Answer to problem 1:
The engineer or contractor.
Basis: Art. 1717, Art. 1718
Problem 2:
Engr. A undertook to construct for Dr. B a
five-door apartment. For a consideration of
P1,000,000.00. After Dr. B paid the contract
price and after he accepted the apartment,
Hardware C approached Dr. B and
demanded payment of P50,000.00
representing the unpaid materials of Engr. A.
Will such action of Hardware C, prosper?
Answer to problem 2:
No, such action will no longer prosper
against Dr. B. Hardware C should direct his
action against Engr. A for collection.
Basis: Art. 1714, Art. 1729