The work materials shall be deemed to have been provided by the employer if he has paid to the contractor the value thereof or made a payment on account masking such value. If after the expiration of such a period the contractor fails to undertake the right method of working, the employer might either demand revocation of the contract or the hand-over of the works to another contractor at the cost of the first contractor if the nature of the work so requires. If all or a part of the materials turns into unfit to be used owing to the contractor’s negligence or lack of skilled ability, the contractor is bound to refund to the employer the value thereof together with cost of a compensation if needed. Where the supplies are provided by the employer, the contractor is bound to care for his or her preservation within the method expected from an strange particular person, to make use of them with technical skill, to account to the employer for their use in the work and to return to him any such supplies that remain. The borrower is bound to take such care for the preservation of the factor as he would take for the preservation of his own property; offered that the care he takes is not less than that which an inexpensive particular person would take.
Failing proof thereof, the new proprietor has solely a recourse towards the lessor. In the absence of an agreement to the contrary, the … Read More
