Explanation of Article 472
The article completes the statement of the provisions related to the second obligation of the contractor, which is the payment of wages. The article clarifies the ruling in the event that the contractor completes the work without the contract specifying the amount of his wage; the contractor is entitled to the customary wage for the work done, along with the value of the materials provided that are required for the work.
It is clear from the article that the contract in this case is valid and not void, despite the absence of a wage estimate; not because estimating the wage is not a condition for the validity of the contract, but because the issue is assumed in the article in the case where the employer enables the contractor to work and he does so without specifying the wage amount. The system considers this an implicit agreement between them on the customary wage along with the expenses required for the materials.
The issue is common in contracting agreements; it is usual for the contracting parties not to specify the wage amount at the time of the contract, but to defer it until after the completion of the work, especially if the work is not precisely defined at the time of contracting. For example, a person may contract with a mechanic to repair a fault in his car or with a plumber to fix water pipes, and the contractor begins the work without determining the wage, which will be set upon completion of the work. The contractor is entitled to the customary wage for the work done, taking into account the effort exerted, his qualifications, technical competence, and the expenses paid for the materials required for the work.
The ruling of the article is consistent with general principles; determining the contractor's wage in this manner is merely an interpretation of the presumed will of the contracting parties in the absence of a specified wage, making the wage amount determinable even if it is not actually determined.
However, if the contracting parties discuss the wage at the time of contracting and fail to agree on its determination, the contract is void, and neither party can compel the other to the contract on the grounds that the contract has been concluded and the wage has been determined against their will as decided by the article. This is due to the absence of a condition for the validity of the subject matter, which is that it must be specified or determinable; such contracting circumstances cannot be relied upon to imply an agreement or that the wage is determinable.
Related To
Article 472
If the contractor's fee is not specified in the contract, he shall be entitled to receive a fee similar to that paid for equivalent work as well as the cost of any materials he provides which are necessary for the work.