Article 817

What it means when you sign

In a muqawala contract, where a contractor carries out work for an employer, this article says who supplies the additional machinery and tools needed to finish the work. The contractor provides all of them at their own expense, unless the contract or prevailing custom says something different.

For a contract about to be signed, this article is relevant to clauses on equipment, tools, site facilities and cost allocation. It means that, absent a different term or custom, the cost of extra machinery and tools used to complete the work sits with the contractor and is not charged on top to the employer. A contract that wants a different split, for example the employer supplying a crane or a specialised tool, would need to say so, or the matter falls to custom. When reading a contractor's price or a scope of work, it is worth checking whether equipment is treated as included in the price or listed as a separate charge, and which items the contract expressly assigns to which party.