Explanation of Article 468
The article clarified the first obligation of the employer, which is to receive the work from the contractor. The article stipulated two conditions for this obligation to be fulfilled:
The first condition: The contractor must have completed the entire work. If the agreement on receiving the work is to be done in stages or parts, the employer is required to receive what the contractor has completed of those stages or parts according to the agreement.
The second condition: The contractor must place the completed work at the employer's disposal and inform him of this.
The article explained the effect of the employer's breach of this obligation by refusing to receive the work without a legitimate reason, despite the contractor informing the employer of the completion and execution of the work. In such a case, the risk of loss or damage is transferred to the employer. If the item is lost or damaged while in the contractor's possession, and the contractor has not exceeded or neglected its preservation, the contractor is not liable for that loss or damage and is not obligated to compensate the employer for it, because the employer breached his obligation to receive the agreed-upon work.
The implication is that if the employer's refusal to receive the work is for a legitimate reason, either due to the contractor's breach of obligations or because the work does not conform to the agreed-upon terms and specifications, the contractor is responsible for the loss or damage and is obligated to compensate the employer for any deserved compensation.
It is evident from the article that delivery in contracting is like a sale; it is achieved by completing the work and enabling the employer to possess it, with the employer being informed of this. There is no specific form required for notification, whether it is done in writing, verbally, or otherwise. The contractor bears the burden of proving that he has informed the employer.
Once delivery is completed in this manner, the risk of loss or damage transfers from the contractor to the employer, even if the physical possession has not been transferred to the employer.
Related To
Article 468
If the contractor completes the work and makes it available to the client, the client must take delivery thereof. If, despite being notified, the client fails to take delivery of the work without a legitimate reason and the thing, while in the contractor’s possession, is destroyed or damaged for reasons not attributable to the contractor’s transgression or negligence, the contractor shall not be liable for compensation.