Section 593.- If the contractor does not begin to work in a proper time or delays in proceeding with it contrary to the terms of the contract, or if, without the fault of the employer, he delays to proceed with it in such a manner that it can be foreseen that the work will not be finished within the agreed period, the employer is entitled to rescind the contract without waiting for the time agreed upon for delivery.

 

Section 594.- When it is possible to foresee with certainty, whilst the work is proceeding, that by the fault of the contractor, the work will be executed in a defective manner or contrary to the terms of the contract, the employer may notify the contractor to make good the defect or to comply with the terms of the contract within a reasonable time to be fixed in the notice, failing which the employer is entitled to have the work repaired or continued by a third person at the risks and expenses of the contractor.

 

Section 595.- If the materials have been supplied by the contractor, his liability for defects is governed by the provisions of this Code concerning Sale.

 

Section 596.- If the work is delivered after the time fixed in the contract, or, if no time was fixed, after reasonable time has elapsed, the employer is entitled to a reduction of remuneration or when time is of essence of the contract to rescission.

 

Section 597.- If the employer has accepted the work without reservation, the contractor is not liable for the delay in delivery.

 

Section 598.- If the employer has accepted a defective work either expressly or impliedly, the contractor is not liable unless the defect was such as could not be discovered when the work was accepted, or it had been concealed by the contractor.

 

Section 599.- In case of delay in delivery or the delivery of a defective work, the employer is entitled to withhold the remuneration unless the contractor gives proper security.

 

Section 600.- Unless otherwise provided in the contract, the contractor is only liable for defect appearing within one year after delivery of the work, or within five years if the work is for a structure on land other than a wooden building.

This limitation shall not apply if the contractor has concealed the defect.

 

Section 601.- No action against the contractor can be entered later than one year after the defect appeared.

 

Section 602.- The remuneration is payable on taking delivery of the work.

If the work is to be accepted in parts and the remuneration has been specified for the several parts, the remuneration for each part is payable at the time of its acceptance.