[Florentinus libro septimo institutionum. ] §19.2.36.prOpus quod auersione locatum est donec adprobetur, conductoris periculum est: quod uero ita conductum sit, ut in pedes mensurasue praestetur, eatenus conductoris periculo est, quatenus admensum non sit: et in utraque causa nociturum locatori, si per eum steterit, quo minus opus adprobetur uel admetiatur.
[FLORENTINUS, from the seventh book of Institutes.] A work which has been let out in block is at the risk of the contractor until it is approved; but that which has been so contracted for that it is to be furnished by feet or measurements is at the risk of the contractor only so far as it has not been measured. And in both cases, it will be to the disadvantage of the employer if it is due to him that the work is not approved or measured.
si tamen ui maiore opus prius interciderit quam adprobaretur, locatoris periculo est, nisi si aliud actum sit: non enim amplius praestari locatori oporteat, quam quod sua cura atque opera consecutus esset.
If, however, the work should perish by force majeure before it is approved, it is at the risk of the employer, unless something else was agreed; for no more ought to be secured to the employer than what he would have achieved by his own care and labor.