This article discusses the problem of using datio in solutum legal notion to terminate an obligation (a contract) to carry out construction works within a determined scope. The above has an important link to the issue of divisibility and indivisibility of the performance that the contractor who is a party to a construction contract is obliged to make. Determining whether such a performance is divisible or not makes it possible to answer the question of whether it is possible to use datio in solutum, the legal notion under Art. 453 of the Civil Code, to terminate a given obligation (a contract) for construction works within a determined scope.