Explanation of Article 463
The article refers to the contractor's obligations concerning the materials provided in the contract of work, whether these materials are provided by the contractor or the employer. The first paragraph clarifies the ruling if the employer requires the contractor to provide the materials related to the contract of work, whether he requires him to provide all or some of the materials. The article explains that the matter does not lack two cases:
The first case: The contracting parties agree on specific conditions and specifications for the materials, and the contractor is responsible for ensuring that these conditions and specifications are met in the materials as agreed upon.
The second case: There is no agreement between the contracting parties on the conditions and specifications, and the contractor is obligated to provide materials that fulfill the intended purpose according to the conditions and specifications dictated by the principles, customs, and traditions of the craft. For example, if the employer requests a carpenter to make a door from wood, and the agreement is that the materials related to making the door are to be provided by the contractor without agreeing on the conditions and specifications of the wood, the carpenter is obligated to provide wood that fulfills the purpose according to the conditions and specifications dictated by the principles, customs, and traditions of the craft.
Based on what the paragraph has determined, the contractor is responsible for the quality of the materials he provides; he guarantees any hidden defects that appear in them, especially if it is found that the agreed-upon conditions and specifications are not met, or if there is a defect that reduces its value or usefulness according to the intended purpose. The provisions of the guarantee of hidden defects in the contract of sale, which are suitable for the contract of work, apply to this guarantee, whether related to the scope of this guarantee, its effects, its extinguishments, or the agreement to modify the provisions of liability therein, whether to tighten or ease it, or other detailed provisions there, taking into account any specific text such as the guarantee of the building contractor.
The second paragraph clarifies the contractor's responsibility if the materials are provided by the employer, whether the employer delivers them to the contractor in reality or pays their value to him. The paragraph explains that the contractor must do three things in this case:
First: He must exercise the care of an ordinary person in preserving them. If preservation requires expenses, the contractor bears them, as they are considered part of the general expenses he included in his account when estimating the wage.
Second: He must observe the technical principles in his work, using the necessary amount to complete the required work without excess or deficiency. Observing the technical principles includes informing the employer of the unsuitability of the materials for the intended work, such as if the materials have a defect or are not suitable for the required work, like if the wood provided by the employer is not suitable to be used as a door.
Third: He must return to the employer what remains of them, which requires the contractor to provide the employer with an account showing what materials he used and return the remainder to him.
Related To
Article 463
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If the client stipulates that the contractor provides all or part of the materials, the contractor shall ensure that the materials provided meet the agreed-upon requirements and specifications. In the absence of an agreement on specific requirements and specifications, the contractor shall ensure that the materials provided are sufficient for the intended purpose according to custom.
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If the materials are provided by the client, the contractor shall exercise reasonable care in safekeeping the materials, observe technical standards in performing his work, and return to the client any unused materials.