Explanation of Article 473
The article refers to the provisions related to subcontracting. The first paragraph clarifies that the contractor may delegate the execution of the entire work or part of it to a subcontractor who will carry out the agreed-upon work. The default is that the contract allows the original contractor to subcontract the work assigned to them to a subcontractor, except in four cases:
The first case: If the regulatory provisions prohibit this, such as when there is a specific provision prohibiting subcontracting in certain works.
The second case: If there is an explicit or implicit agreement between the employer and the contractor that prohibits delegating the execution of the work to a subcontractor.
The third case: If the nature of the work requires that it not be delegated to another contractor.
The fourth case: If the contract is based on personal considerations of the contractor, such as the person of a doctor or engineer, and it can be inferred from the circumstances and conditions that the employer intended the original contractor personally based on their personal competence.
The second paragraph clarifies that if the original contractor delegates the work to a subcontractor, the original contractor remains responsible for the work towards the employer and is not relieved of their obligations by delegating the work to the subcontractor. The original contractor bears responsibility towards the employer for any breach, whether in the agreed-upon terms and specifications, delay in delivering the work beyond the agreed time, failure to complete all the work, or any other breach of obligations.
The article does not address the assignment of the contract, relying on the general rules for contract assignment in the first section.
Related To
Article 473
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A contractor may assign the execution of all or part of the work to a subcontractor, unless legal provisions, the agreement, or the nature of the work determine otherwise, or unless the person of the contractor was a decisive factor in the conclusion of the contract.
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The contractor shall remain liable to the client.