Short answer. Yes. Article 1721 of the Civil Code entitles a contractor to reasonable compensation when the employer's own required act is delayed or not performed, holding up the work. The amount is worked out from the duration of the delay and the contract price, offset by what the contractor saved in expenses or earned elsewhere during the delay.

What the law says

If, in the execution of the work, an act of the employer is required, and he incurs in delay or fails to perform the act, the contractor is entitled to a reasonable compensation.

Civil Code, Article 1721 — Employer's Delay. Read the full provision →

Why the employer's own delay matters

Some contracts for a piece of work require the employer, the client, to do something before or during the contractor's work, such as providing materials, access, approvals, or instructions. Article 1721 addresses what happens when the employer is the one causing the hold-up: if an act of the employer is required in the execution of the work, and he incurs in delay or fails to perform the act, the contractor is entitled to reasonable compensation for that delay, rather than simply absorbing the cost of waiting on the client.

How the compensation is calculated

Article 1721 sets out a two-sided calculation. On one hand, the compensation reflects the duration of the delay and the amount of compensation stipulated in the contract, meaning the contract price is a reference point for what the delay is worth. On the other hand, it is offset by what the contractor saved in expenses because of the delay, or what the contractor was able to earn by using that idle time and resources on other work. The compensation is meant to reflect the contractor's actual net loss, not a windfall.

What you would need to show

To claim compensation under Article 1721, you generally need to establish that the client's own act was actually required for your work to proceed, that the client incurred delay or failed to perform that act, and how long the resulting delay lasted. Keeping records of what was expected from the client, when it was due, and how the delay affected your schedule and costs supports both establishing the delay and calculating a reasonable figure under the offsetting formula the article describes.

This is distinct from other remedies for breach

Article 1721 provides a specific, calculated compensation tied to the employer's delay in performing a required act; it does not by itself address every possible remedy available if the client's conduct amounts to a broader breach of the contract for a piece of work. Depending on the facts, a contractor facing significant delay from a client may have other options as well, but Article 1721 specifically ensures that idle time caused by the client's own hold-up does not simply go uncompensated.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.