319. Position of the employer completing after termination.

Unless the contract otherwise provides, an employer who completes the work with the use of the contractor's materials and plant must account for them to the contractor1. The duty of the employer is, however, less strict than that imposed on a mortgagee in possession2. The contract may provide for the costs to the employer in completing the work to be set off against the sum that would have been payable to the contractor and for the balance to be payable by one party to the other as the case may be. The employer is not entitled to vary the