Short answer. Yes, in a technical sense. Article 1642 splits lease into two branches: lease of things (renting property) and lease of work or service. Hiring a contractor to build, renovate, or repair something for a fee falls under the second branch, so it is governed by the Civil Code rules on contracts for a piece of work, not the landlord-tenant provisions.
What the law says
The contract of lease may be of things, or of work and service.
Civil Code, Article 1642 — The Two Kinds of Lease. Read the full provision →
Two Kinds of Lease
The Civil Code treats "lease" as a broader category than renting an apartment or a lot. Article 1642 opens the whole Title by splitting the contract into lease of things and lease of work or service, and each branch is then governed by its own cluster of rules later in the Code, even though both are grouped under the same overall heading of Lease.
Where a Construction Contract Fits
A construction job, a repair contract, or a service agreement paid on a fixed price or per-job basis falls under lease of work or service. The contractor does not occupy or possess the owner's property the way a tenant does; he performs labor or delivers a finished result in exchange for compensation. That distinction is why such an agreement is more precisely called a contract for a piece of work rather than a lease of things.
Why the Label Matters
Because the two branches are governed separately, a dispute with a contractor is resolved under the rules on contracts for a piece of work and general obligations, not under the landlord-tenant provisions built around rent, repairs, and ejectment. Treating a construction agreement as an ordinary lease of things can lead a party to invoke remedies, such as ejectment procedures, that were never designed for a builder's contract. If the contractor breaches by abandoning the work or delivering a defective result, the owner's remedies run through rescission and damages for breach of a piece-of-work contract, not through unlawful detainer or the lease deposit-and-forfeiture rules that apply when a tenant overstays or damages leased property.
Practical Takeaway
When drafting or reviewing a construction or service agreement, look to the provisions on contracts for a piece of work for questions on defects, delay, and payment, rather than assuming the lease-of-things rules on rent suspension or peaceful enjoyment will apply. The same goes for other service arrangements paid for labor rather than possession, such as a security or janitorial service contract, or an agreement to have someone transport goods; all of these sit on the lease-of-work side of Article 1642 rather than the lease-of-things side, even though none of them are commonly called a "lease" in everyday speech.
Related provisions
- Civil Code, Article 1642 — The Two Kinds of Lease
- Civil Code, Article 1713 — Contract for a Piece of Work Defined