IV. C. — 3:108 Risks

(1)

(2)

(a)

where the control of the structure is to be transferred to the client, the time when such control has been, or should have been, transferred in accordance with IV. C. — 3:106 (Handing-over of the structure);

(b)

in other cases, the time when the work has been completed and the constructor has so informed the client.

(3)

(a)

the constructor still has to perform or, as the case may be, perform again;

(b)

the client is only obliged to pay for the constructor's performance under (a);

(c)

the time for performance is extended in accordance with paragraph (6) of IV. C. — 2:109 (Unilateral variation of the service contract);

(d)

the rules of III. — 3:104 (Excuse due to an impediment) may apply to the constructor's original performance; and

(e)

the constructor is not obliged to compensate the client for losses to materials provided by the client.

(4)

(a)

the client does not have to pay for the service rendered;

(b)

the rules of III. — 3:104 (Excuse due to an impediment) may apply to the constructor's performance; and

(c)

the constructor is not obliged to compensate the client for losses to materials provided by the client, but is obliged to return the structure or what remains of it to the client.

(5)

(a)

the constructor does not have to perform again; and

(b)

the client remains obliged to pay the price.