Section 3: Estimates and contracts.

When someone is commissioned to do a work, it may be agreed that he will supply only his labour or industry, or that he will also supply the material.

If, in the case where the workman supplies the material, the thing comes to perish, in any manner whatsoever, before it is delivered, the loss thereof is for the workman, unless the master was in default of receiving the thing.

In the case where the workman supplies only his labour or industry, if the thing comes to perish, the workman is liable only for his fault.

If, in the case of the preceding article, the thing perishes, albeit without any fault on the part of the workman, before the work has been received and without the master having been given notice to check it, the workman has no wages to claim, unless the thing perished through the defect of the material.

If the work is made up of several parts or by measure, the verification may be done by parts: it is deemed to be done for all the parts paid for, if the master pays the workman in proportion to the work done.

Every builder of a work is liable as of right, to the master or purchaser of the work, for damage, even resulting from a defect in the ground, which compromises the solidity of the work or which, affecting it in one of its constituent elements or one of its items of equipment, renders it unfit for its intended purpose. Such liability does not arise if the builder proves that the…

The following are deemed to be builders of the work: 1° Any architect, contractor, technician or other person bound to the owner of the work by a contract for the hire of work; 2° Any person who sells, after completion, a work that he has built or had built; 3° Any person who, although acting as agent for the owner of the work, performs a task similar to that of…

The presumption of liability established by article 1792 also extends to damage that affects the solidity of the equipment elements of a structure, but only when these form an indivisible whole with the viability, foundation, framework, enclosed or covered structures. An item of equipment is considered to form an inseparable part of one of the viability, foundation, framework, enclosure or roof structures when it cannot be removed, dismantled or replaced…

The other items of equipment in the building are covered by a guarantee of good working order for a minimum of two years from the date of acceptance.

The manufacturer of a work, part of a work or item of equipment designed and produced to satisfy, in service condition, precise and predetermined requirements, is jointly and severally liable for the obligations laid down by Articles 1792, 1792-2 and 1792-3 at the expense of the lessor of the work who has installed, without modification and in accordance with the rules laid down by the manufacturer, the work, part of…