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(1) If the work is to be performed to the “satisfaction of the
706LEASEArt. 1731proprietor,’’ the question shall be referred to a person who is anexpert on the matter for decision in case of disagreement.(2) If the work is subject to the approval of a third person, hisdecision shall be final except in case fraud or manifest error.(a) The certificate of the architect, who had been ap-pointed by and represented the owner of the buildings, thatthe buildings had been completed, was sufficient to show thecompletion of the contract and to entitle the builder to the rightto recover the balance due under his contract. The owner ofthe buildings was bound by the certificate of his own archi-tect as to the completion of the buildings. (Takao vs. Belando,49 Phil. 957 .)(b) When it is not expressly agreed in the contract that thematerials furnished and the labor performed shall, before ac-ceptance, be passed upon by a third person, such approvalby a third person can not be insisted upon. Thus, where anordinance of the City of Manila provides that before a steamboiler shall be permitted to operate within the city limits, itshall be passed upon and approved by a particular city offi-cial, the approval of such official is not a condition precedentto the enforcement of the contract with respect to the collec-tion of the amount due under the agreement for the materialsfurnished and the labor performed, unless the terms of thecontract expressly provide therefor. If it was not agreed that athird person had to approve the work, no third person maydecide upon the fulfillment of the contract. (Taylor vs. Pierce,70 Phil. 103 .)ART. 1731. He who has executed work upon a mov-able has a right to retain it by way of pledge until he ispaid. (1600)Mechanic’s lien.The right of a worker to be paid for work done on a movableis in the nature of a mechanic’s lien. He has a right to retain it byway of pledge until he is paid. The laborer’s wages shall be a lienon the goods manufactured or the work done. (Art. 1707.)
Art. 1731WORK AND LABORContract for a Piece of Work707(1) Where the vendee of a truck brought it to the vendor’sshop for repairs, the latter has the right to retain the truck untilthe cost of the repair had been paid. (Bachrach Motor Co. vs.Mendoza, 43 Phil. 410 .)(2) Where the mortgagee in a chattel mortgage covering anautomobile personally delivers the automobile, which has suf-fered great damage by reason of an accident, to a mechanic forrepairs, requests that they be made and superintends and advisesat various times during the progress of the repairs, he is person-ally liable for the value of the repairs made. (Bachrach vs. Man-tel, 25 Phil. 410 .)(3) Where the mortgagor of a chattel retains possession of theproperty with the right to use the same, the cost of any repairsmade thereon by an artisan, to the extent reasonably necessary tothe continued use of the chattel, will, under Article 1731, consti-tute a lien on the chattel superior to the mortgage, so long as theperson making such repairs retains the chattel in his possession.