Construction Contracts Under The Brazilian Law

According to the Brazilian Law, construction contracts ("contratos de empreitada") are a sort of contract whose purpose is not the rendering of services alone but also the completion of the work by the contractor in compliance with the project developed/designed by the architect.

Despite being considered a type of services agreement, construction contracts are different services agreements. Services agreements involve an obligation to do ("obrigação de fazer"), whereas construction contracts, further to the obligation to do, involve an obligation to give something ("obrigação de dar"), i.e. to give the work to be delivered. Pursuant to this concept, the contractor assumes all risks involved in the services to be rendered in order to deliver the work according to the project submitted.