Defects Liability

Defects Liability

1. Completion of Outstanding Work and Remedying Defects

   • the Contractor shall complete any work which is outstanding on the date stated in a Taking-Over Certificate, within such reasonable time as is instructed by the Engineer
   • execute all work required to remedy defects or damage, as may be notified by the Employer on or before the expiry date of the Defects Notification Period for the Works or Section

2. Cost of Remedying Defects

   • Completion of Outstanding Work and Remedying Defects shall be executed at the risk and cost of the Contractor
     • any design for which the Contractor is responsible
     • failure by the Contractor to comply with any other obligation

3. Extension of Defects Notification Period

   • The Employer shall be entitled to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works
   • a Defects Notification Period shall not be extended by more than two years.

4. Failure to Remedy Defects

   • The Contractor shall be given reasonable notice of this date.
     • If the Contractor fails to remedy the defect or damage by this notified date and this remedial work was to be executed at the cost of the Contractor the Employer may (at his option):
       • carry out the work himself in a reasonable manner and at the Contractor’s cost, but the Contractor shall have no responsibility for this work
       • require the Engineer to agree or determine a reasonable reduction in the Contract Price
       • if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the Contract as a whole

5. Performance Certificate

   • Performance of the Contractor’s obligations shall not be considered to have been completed until the Engineer has issued the Performance Certificate to the Contractor
   • The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods

6. Clearance of Site

   • Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site.
     • If all these items have not been removed within 28 days after the Employer receives a copy of the Performance Certificate, the Employer may sell orotherwise dispose of any remaining items.