Page:The Civil code of Japan (IA cu31924069576704).pdf/188

The provisions of the preceding two articles do not apply, if the defect arises from the nature of the materials supplied by the employer or from an order given by him, unless the contractor knew of the unfitness of the materials or the impropriety of the order, and did not give notice of it.

A claim for making good a defect, for damages or for the rescission of the contract as provided in the preceding three articles must be made within one year from the delivery of the work contracted for. If delivery is not necessary, the above mentioned period is computed from the time of the completion of the work.

A contractor for a structure to be erected on land is liable for defects in such structure or in the ground for five years from the time of delivery. For structures of stone, earth, brick or metal the period is ten years.

If the structure is injured or destroyed by reason of one of the above mentioned defects, the employer must exercise the right mentioned in Art. 634 within one year from the time of the destruction or injury.

The periods mentioned in Arts. 637 and 638, 1 can be extended by agreement only within the limits of the ordinary period of prescription.

Even though a contractor has expressly stipulated that he should not be liable as provided in Arts. 634 and