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Civil Law

Explanation of Article 469

Explanation of Article 469

The article refers to the second obligation of the employer, which is to pay the contractor the agreed-upon wage. The first paragraph clarifies that the employer is obligated to pay the wage, and specifies that the obligation arises once the work conforming to the agreed-upon terms and specifications is received. The employer's receipt of the work implicitly indicates inspection and acceptance of it. If the work does not conform to the terms and specifications, the employer may withhold the wage until the contractor rectifies the defects in the work, applying the principle of non-performance defense stipulated in Article (114); because paying the wage is an obligation on the employer, which corresponds to the contractor's obligation to complete the work as agreed. If the employer refuses to receive the work without a legitimate reason, this does not exempt him from paying the wage; because the contractor deserves the wage upon completing the work and placing it at the employer's disposal without any obstacle preventing its use, even if it is not in his actual possession. The second paragraph specifies the time for paying the wage if the agreed-upon work consists of multiple distinct parts, such as when the employer agrees with the contractor to make a thousand boxes for a thousand riyals; if he delivers a hundred boxes, he deserves a hundred riyals. Similarly, if the wage is based on the unit, even if the work is not composed of distinct parts; such as agreeing to extend pipes at a rate of one hundred riyals per meter; once the contractor completes a section that is significant to the overall work, he deserves the wage for what has been completed after inspection and acceptance, provided that what has been completed is distinct or significant to the overall work. The provisions contained in the article with its two paragraphs complement the will of the contracting parties in the absence of an explicit or implicit agreement to the contrary, and an implicit agreement is when custom or prevailing practice between the contracting parties differs from what is mentioned; if there is an agreement to the contrary, it must be adhered to.

Related To

Article 469

  1. The client shall pay the fees upon taking delivery of the agreed-upon work, unless agreed otherwise.

  2. If the work consists of multiple phases or if the fee is determined per unit, the client shall pay the contractor for the completed work after inspection and acceptance thereof, provided that the work completed is distinguishable or is significant to the work as a whole.