The contract of lease of works, in the Spanish Civil Code,[1]​ is that lease contract by which a "contractor" undertakes to execute a work for the benefit of another "owner", who undertakes to pay a certain price for it.

To differentiate it from the leasing of services, if the lessor is obligated to provide services or work or an activity itself, not the result that that provision produces, the lease is of services, and, on the other hand, if the lessor is obligated to provide a result, without considering the work that creates it, the lease is of works (Ruling of the Provincial Court of La Coruña of July 13, 1994).

Classes:.

• - That the contractor puts only his work or his industry.

• - That the contractor also supplies the material (in addition to the work).

You have the right to receive the price of the work.

The fundamental obligation is the delivery of the work within the stipulated time and conditions.

Regarding your responsibility in case of loss of the work, it is necessary to distinguish:

1º That takes place before the delivery of the work:.

• - If the contractor provided the material, he must suffer the loss, unless there was a delay in receiving it.

• - If you only put in your work or industry, you cannot claim any compensation, unless there has been a delay in receiving it, or the destruction has come from the poor quality of the materials, as long as you have notified the owner of this circumstance.

2º That takes place after delivery:.

In this case the art. 1591 establishes: "The contractor of a building that is ruined due to construction defects (use of defective or inadequate materials), is liable for damages if the ruin occurs within 10 years, from the completion of the work; the same responsibility, and for the same time, will be the architect who directs it, if the ruin is due to defects in the soil or management (execution of the work without the adequate geological study or without taking the necessary measures). appropriate).".

As for the deadline, the ruin must appear within 10 years following the construction of the work, and the action for compensation must be brought within 15 years from the appearance of the ruin.