SECTION 3–OF CONSTRUCTING BUILDINGS ACCORDING TO PLOTS, AND OTHER WORKS BY THE JOB, AND OF FURNISHING MATERIALS Art. 2756. Building by plot and work by job, definitions. To build by a plot, or to work by the job, is to undertake a building or a work for a certain stipulated price.
Art. 2757. Agreement to furnish work or materials or both. A person, who undertakes to make a work, may agree, either to furnish his work and industry alone, or to furnish also the materials necessary for such a work.
Art. 2758. Destruction of work before delivery, liability of contractor furnishing materials. When the undertaker furnishes the materials for the work, if the work be destroyed, in whatever manner it may happen, previous to its being delivered to the owner, the loss shall be sustained by the undertaker, unless the proprietor be in default for […]
Art. 2759. Destruction of work before delivery, liability of contractor furnishing work only. When the undertaker only furnishes his work and industry, should the thing be destroyed, the undertaker is only liable in case the loss has been occasioned by his fault.
Art. 2760. Destruction of work before delivery, contractor’s right to payment of salary. In the case mentioned in the preceding article, if the thing be destroyed by accident, and not owing to any fault of the undertaker, before the same be delivered, and without the owner be [being] in default for not receiving it, the […]
Art. 2761. Delivery of work in separate parts. If the work be composed of detached pieces, or made at the rate of so much a measure, the parts may be delivered separately; and that delivery shall be presumed to have taken place, if the proprietor has paid to the undertaker the price due for the […]
Art. 2762. Liability of contractor for damages due to badness of workmanship. If a building, which an architect or other workman has undertaken to make by the job, should fall to ruin either in whole or in part, on account of the badness of the workmanship, the architect or undertaker shall bear the loss if […]
Art. 2763. Changes or extensions of original plans, effect. When an architect or other workman has undertaken the building of a house by the job, according to a plot agreed on between him and the owner of the ground, he can not claim an increase of the price agreed on, on the plea of the […]
Art. 2764. Substantial and necessary alterations. An exception is made to the above provision, in a case where the alteration or increase is so great, that it can not be supposed to have been made without the knowledge of the owner, and also where the alteration or increase was necessary and has not been foreseen.
Art. 2765. Cancellation of contract by owner. The proprietor has a right to cancel at pleasure the bargain he has made, even in case the work has already been commenced, by paying the undertaker for the expense and labor already incurred, and such damages as the nature of the case may require.
Art. 2766. Termination of contract by death of workman. Contracts for hiring out work are canceled by the death of the workman, architect or undertaker, unless the proprietor should consent that the work should be continued by the heir or heirs of the architect, or by workmen employed for that purpose by the heirs.
Art. 2767. Payment to heirs of contractor for work or materials completed. The proprietor is only bound, in the former case, to pay to the heirs of the undertaker the value of the work that has already been done and that of the materials already prepared, proportionably to the price agreed on, in case such […]
Art. 2768. Contractor’s liability for acts of employees. The undertaker is responsible for the acts of the persons employed by him.
Art. 2769. Contractor’s liability for non-compliance with contract. If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and at the time he has agreed to do it, he shall be liable in damages for the losses that may ensue from his […]
Art. 2770. Workmen employed by contractor, rights against owner. Masons, carpenters and other workmen, who have been employed in the construction of a building or other works, undertaken by the job, have their action against the proprietor of the house on which they have worked, only for the sum which may be due by him […]
Art. 2771. Masons, carpenters and other artificers as contractors. Masons, carpenters, blacksmiths*and all other artificers, who undertake work by the job, are bound by the provisions contained in the present section, for they may be considered as undertakers each in his particular line of business. *Note error in English translation of French text; "blacksmiths" should […]
Art. 2772. Repealed by Acts 2019, No. 325, §3, eff. Jan. 1, 2020.
Art. 2773. Repealed by Acts 2019, No. 325, §3, eff. Jan. 1, 2020.
Art. 2774. Repealed by Acts 2019, No. 325, §3, eff. Jan. 1, 2020.
Art. 2775. Repealed by Acts 2019, No. 325, §3, eff. Jan. 1, 2020.
