Explanation of Article 465
The article addresses the contractor's obligation to complete the work, and according to the text of the article, this obligation includes two commitments:
The first commitment: The contractor's obligation to complete the work according to the conditions agreed upon in the contract. If no specific conditions are agreed upon, it should be completed according to the conditions and specifications dictated by the principles and customs of the trade. The contractor's obligation to complete the work may either be an obligation to achieve a result or to exert due diligence. If the obligation is to achieve a result, the contractor has not fulfilled his obligation unless that result is achieved. For example, if the subject of the contract is to build a wall, make doors, or sew clothes, the contractor has not fulfilled his obligation unless the wall is built, or the doors or clothes are delivered. If the work is not completed, it is considered a breach of obligation, and the contractor is not relieved of liability unless he proves that the failure to fulfill was due to a foreign cause beyond his control, such as force majeure or the act of a third party. The foreign cause must meet certain conditions to be considered, including being unforeseeable. If it is foreseeable, like winter cold or summer heat, it is not a valid basis for exemption from liability. If the contractor's obligation is to exert due diligence, he fulfills his obligation if he exerts the care of an ordinary person, even if the result is not achieved, such as a doctor's contract for treatment, which does not necessarily require curing the patient. Based on what the paragraph states, the contractor is responsible for any defect or flaw in his work if it turns out that the work does not comply with the agreed-upon conditions and specifications or the customary principles, as the case may be. The employer, if he discovers the defect before delivery, may request specific performance by repairing the defect or request termination, with compensation in both cases if warranted. This is governed by the general rules of specific performance, judicial termination, and compensation. If the employer discovers the defect after delivery, he may revert to the contractor for warranty of the defect, and his recourse is according to the general rules.
The second commitment: The contractor's obligation to complete the work within the agreed-upon period. If there is no agreement on a specific period, the contractor must complete the work within a reasonable time that allows for its completion according to the nature of the work. The contractor's obligation to complete the work within the agreed-upon period is an obligation to achieve a result; thus, he is not relieved of liability in case of delay, even if he proves that he exerted the care of an ordinary person to complete the work on time but was unable to. Instead, he must prove the foreign cause, such as force majeure or the act of a third party, and the foreign cause must not be preceded by his fault, otherwise, he is responsible for the delay, unless the delay is due to the employer, such as delaying in providing work materials if they are from him or requesting an unagreed modification. Similarly, if the employer delays in paying the contractor's dues, the contractor may refrain from completing the work in execution of his right to retention, as stipulated in Article (191): "Anyone obligated to perform something may refrain from fulfilling it as long as the creditor has not fulfilled an obligation in his debt that arose due to the debtor's obligation and was related to it."
Related To
Article 465
The contractor shall complete the work in accordance with the terms of the contract and within the agreed-upon period. If the contract does not include specific terms or a specific period for completion, the contractor shall complete the work in accordance with the prevailing standards and within a reasonable period as required by the nature of the work.