Contractor’s Obligations as to Quality of Materials and Workmanship
Quality of Materials
Article 875 of the Civil Transaction Law (Federal Law no. 5 of 1985) stipulates that if a contractor is obliged to supply materials then the contractor is responsible to supply materials of good quality according to the conditions of contract and, if not specified, according to the prevailing custom.
This obligation imposed by the law amounts to an undertaking by the contractor that the materials supplied are of a good quality (as described in the contract and/or as per prevailing custom) and a contractor would only comply with such undertaking if the materials supplied are fit for its purpose of use and free of defect.
Quality of Workmanship
Article 877 of the Civil Transaction Law (Federal Law no. 5 of 1985) stipulates that the contractor must complete the work according to the conditions of the contract. If it appears that the manner in which he performs the work is erroneous or contrary to the conditions of contract, the employer may apply immediately to the courts for rescission of the contract if rectification seems impossible. Nonetheless, if rectification seems possible, the employer may request the contractor to rectify the work within a reasonable period and if the contractor fails to rectify the work within that stipulated period, the employer may apply to the courts for rescission of the contract or for permission to assign the performance of the work to another contractor at the cost of the first contractor.
This obligation imposed by the law amounts to an undertaking by the contractor that, in addition to any special term or direction in the contract specifying the manner in which work is to be done, the work would be done carefully and skilfully or, as it is sometimes expressed, in a good and workmanlike manner so that the work will be reasonably fit for its purpose of use.
Summary
A contractor undertaking to supply materials and carry out work undertakes:
- To use materials of good quality and free of defects;
- To perform the work with care and skill or in other words in a workmanlike manner; and
- That both the workmanship and materials will be reasonably fit for the purpose for which the works will be required.
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