The work materials shall be deemed to have been provided by the employer if he has paid to the contractor the value thereof or made a payment on account masking such value. If after the expiration of such a period the contractor fails to undertake the right method of working, the employer might either demand revocation of the contract or the hand-over of the works to another contractor at the cost of the first contractor if the nature of the work so requires. If all or a part of the materials turns into unfit to be used owing to the contractor’s negligence or lack of skilled ability, the contractor is bound to refund to the employer the value thereof together with cost of a compensation if needed. Where the supplies are provided by the employer, the contractor is bound to care for his or her preservation within the method expected from an strange particular person, to make use of them with technical skill, to account to the employer for their use in the work and to return to him any such supplies that remain. The borrower is bound to take such care for the preservation of the factor as he would take for the preservation of his own property; offered that the care he takes is not less than that which an inexpensive particular person would take.
Failing proof thereof, the new proprietor has solely a recourse towards the lessor. In the absence of an agreement to the contrary, the lessor shall, if notice of eviction is given before the top of the lease, compensate the lessee. The lessee can’t be evicted earlier than he receives compensation both from the lessor or from the brand new proprietor paying on behalf of the lessor, or till he has obtained an enough safety for the cost of such compensation. A person buying title to the leased property, who isn’t bound by the lease, can only evict the lessee by giving him notice as offered for in Article 511. However, the individual to whom title has been transferred could invoke the lease settlement as though such agreement just isn’t efficient in direction of him. When notice of evacuation has been given by one party to the opposite and the lessee, however the discover, continues to enjoy the property after the expiry of the lease, the lease is not going to, subject to proof to the contrary, be deemed to have been renewed. Subject to the principles of registration applicable to real property, the true securities equipped by the lessee in assure of the old lease shall be transferred to the new lease.
The Nazir cannot, with out the authority of the concerned Waqf Council, lease the Waqf property for a interval exceeding three years, even by successive contracts. Any lease entered into for a longer period shall be lowered to three years. If the lease has been granted to the lessee solely on account of his occupation or of other concerns regarding his person, his heirs or the lessee might, on his demise, declare termination of the lease topic to compliance with the evacuation time limits supplied for in Article 511. However, the lessee may not arrange lease paid prematurely in opposition to a new proprietor, if the brand new proprietor proves at the time of fee that the lessee knew or should necessarily have known of the transfer of possession.
An employer shall not invoke the rights set forth in the preceding Article the place he’s answerable for inflicting the defect whether or not that is by issuing orders contrary to the contractor’s view or in another method. In all cases, the contractor may carry out such rectification inside an affordable time period, if this is possible and does not trigger substantial damages to the employer. Where the execution of the work requires the employer to do a certain act but he fails to do it on the acceptable time, the contractor could instruct him to do it inside a reasonable time restrict which he shall prescribe.