The essence of the regulation comes down to understanding the concept of an unfinished work i.e. one in relation to which the implementation has not been completed the work has been completed in accordance with the arrangements made by both parties . Partial payment of remuneration for unfinished work In the event of withdrawal pursuant to both the provisions of Art.
and art. of the Civil Code the ordering party has the due to the contractor the amount he saved by not completing the work.
This may be the amount representing the value of unused materials or saved time so-called labor . IMPORTANT - the philippines photo editor basis for withdrawal from the contract for specific work by the ordering party does not arise in a situation where both parties to the contract and not only the party accepting the order are responsible for the delay in the performance of the work. In the judgment of the Court of Appeal in Kraków of November.
I ACa it is indicated that in the event of withdrawal from the contract pursuant to Art. of the Civil Code the person accepting the order is due the entire agreed remuneration. Only the amounts of actual savings that the person accepting the order may make due to early termination of the contract are deductible from this remuneration. The burden of proof as to the amount of savings in the event of a dispute rests in accordance with Art.
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