1 If the work is to be performed to the satisfaction of the 706 LEASE Art 1731

1 if the work is to be performed to the satisfaction

This preview shows page 650 - 653 out of 737 pages.

(1) If the work is to be performed to the “satisfaction of the
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706 LEASE Art. 1731 proprietor,’’ the question shall be referred to a person who is an expert on the matter for decision in case of disagreement. (2) If the work is subject to the approval of a third person, his decision 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, that the buildings had been completed, was sufficient to show the completion of the contract and to entitle the builder to the right to recover the balance due under his contract. The owner of the buildings was bound by the certificate of his own archi- tect as to the completion of the buildings. (Takao vs. Belando, 49 Phil. 957 [1926].) (b) When it is not expressly agreed in the contract that the materials furnished and the labor performed shall, before ac- ceptance, be passed upon by a third person, such approval by a third person can not be insisted upon. Thus, where an ordinance of the City of Manila provides that before a steam boiler shall be permitted to operate within the city limits, it shall be passed upon and approved by a particular city offi- cial, the approval of such official is not a condition precedent to the enforcement of the contract with respect to the collec- tion of the amount due under the agreement for the materials furnished and the labor performed, unless the terms of the contract expressly provide therefor. If it was not agreed that a third person had to approve the work, no third person may decide upon the fulfillment of the contract. (Taylor vs. Pierce, 70 Phil. 103 [1911].) ART. 1731. He who has executed work upon a mov- able has a right to retain it by way of pledge until he is paid. (1600) Mechanic’s lien. The right of a worker to be paid for work done on a movable is in the nature of a mechanic’s lien. He has a right to retain it by way of pledge until he is paid. The laborer’s wages shall be a lien on the goods manufactured or the work done. (Art. 1707.)
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Art. 1731 WORK AND LABOR Contract for a Piece of Work 707 (1) Where the vendee of a truck brought it to the vendor’s shop for repairs, the latter has the right to retain the truck until the cost of the repair had been paid. (Bachrach Motor Co. vs. Mendoza, 43 Phil. 410 [1922].) (2) Where the mortgagee in a chattel mortgage covering an automobile personally delivers the automobile, which has suf- fered great damage by reason of an accident, to a mechanic for repairs, requests that they be made and superintends and advises at 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 [1913].) (3) Where the mortgagor of a chattel retains possession of the property with the right to use the same, the cost of any repairs made thereon by an artisan, to the extent reasonably necessary to the continued use of the chattel, will, under Article 1731, consti- tute a lien on the chattel superior to the mortgage, so long as the person making such repairs retains the chattel in his possession.
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