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Section IV   Work by Estimate and Contract

Revised Laws of Saint Lucia (2021)

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Section IV   Work by Estimate and Contract

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    1583.   When a party undertakes the construction of a building or other work by estimate and contract, it may be agreed either that he or she shall furnish labour and skill only, or that he or she shall also furnish materials.

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    1584.   If the workman furnish the materials, and the work is to be perfected and delivered as a whole, at a fixed price, the loss of the property, in any manner whatsoever, before delivery, falls upon himself or herself, unless the loss is caused by the fault of the owner or the owner has failed to receive the property in due time.

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    1585.   If the workman furnish only labour and skill, the loss of the property before delivery does not fall upon him or her, unless it is caused by his or her fault.

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    1586.   In the case of the last preceding article, if the work is to be perfected and delivered as a whole, and the property perish before the work has been received, and before the owner was bound to receive it, the workman, even if not in fault, cannot claim his wages; unless the property has perished by reason of defect in the materials, or by the fault of the owner.

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    1587.   If the work be composed of several parts, or done at a certain rate by measurement, it may be received in parts. It is presumed to have been so received, for all the parts paid for, if the owner pays the workman in proportion to the work done.

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    1588.   If a building perish in whole or in part within 10 years, from a defect in construction, or even from the unfavourable nature of the ground, the architect superintending the work, and the builder are jointly and severally liable for the loss.

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    1589.   If, in the case stated in the last preceding article, the architect do not superintend the work, he or she is liable for the loss only which is occasioned by defect or error in the plan furnished by him or her.

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    1590.   When an architect or builder undertakes the construction of a building or other works by contract, upon a plan and specifications, at a fixed price, he cannot claim any additional sum upon the ground of a change from the plan and specifications, or of an increase in the labour and materials, unless such change or increase is authorised in writing, or admitted by the proprietor. If in either of the above cases, the additional sum has not been fixed by agreement, it shall be determined by proof of value.

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    1591.   The owner may cancel the contract for the construction of a building or other works at a fixed price, although the work have been begun, on indemnifying the workman for all his or her actual expenses and labour, and paying damages according to the circumstances of the case.

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    1592.   The contract of lease or hire of work by estimate and contract is not terminated by the death of the workman; his legal representatives are bound to perform it.

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    But in cases wherein the skill and ability of the workman were an inducement for making the contract, it may be cancelled at his or her death by the party hiring him or her.

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    1593.   In the latter case stated in the last preceding article the owner is bound to pay to the legal representatives of the workman, in proportion to the price agreed upon in the contract, the value of the work done and materials furnished, in case such work and materials are useful to him or her.

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    1594.   The contract is not terminated by the death of the party hiring the work, unless the performance of it becomes thereby impossible.

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    1595.   Architects, builders and other workmen, have a privilege upon the buildings, or other works constructed by them, for the payment of their work and materials, subject to the rules contained in the Book respecting Privileges and Hypothecs, and Registration of Real Rights.

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    1596.   Masons, carpenters, and other workmen, who undertake work by contract, for a fixed price, are subject to the rules prescribed in this section. They are regarded as contractors with respect to such work.

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    1597.   The workmen who are employed by the contractor in the construction of a building or other works have no direct action against the owner.

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