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ISLAMIC UNIVERSITY OF GAZA FACULTY OF ENGINEERING CIVIL ENGINEERING DEPARTMENT. [Construction Contract Administration]. Chapter 11. Defects Liability. 11.1 Completion of Outstanding Work and Remedying Defects.
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ISLAMIC UNIVERSITY OF GAZAFACULTY OF ENGINEERINGCIVIL ENGINEERING DEPARTMENT [Construction Contract Administration] Chapter 11 Defects Liability
11.1 Completion of Outstanding Work and Remedying Defects • In order that the works and contractor‘s documants, and each section, shall be in the condition required by the contract :
11.1 Completion of Outstanding Work and Remedying Defects • Complete any work which is outstanding on the date stated in a Taking-Over certificate according to reasonable time determined by the Engineer • Execute all work required to remedy defects as may be notified by the employer on or before the expiry date of the defects notification period
11.1 Completion of Outstanding Work and Remedying Defects • If a defect appears or damage occurs, the contractor shall be notified accordingly by the employer
11.2 Cost of Remedying Defects All work referred to (11.1-b) shall be executed at the risk and cost of the contractor if it is attributable to: • Any design for which the contractor is responsible • Plant, materials or workmanship not being in accordance with the contract • Failure by the contractor to comply with any other obligation
11.2 Cost of Remedying Defects If and to the extent that such work is attributable to any other cause, the contractor shall be notified promptly by the employer according to variation procedure sub-clause
11.3 Extension of Defects Notification Period • The employer shall be entitled to an extension of the defects notification period for the works, section or a major item of plant cannot be used for the purposes for which they are intended by reason of a defect or damage • However, notification period shall not be extended by more than two years
11.3 Extension of Defects Notification Period • If delivery and/or erection of plant and/or materials was suspended, the contractor’s obligation shall not apply to any defects occurring more than two years after the defects notification period
11.4 Failure to Remedy Defects • If the contractor fails to remedy any defect or damage within a reasonable time, a date may be fixed by the employer • The contractor shall be given reasonable notice of this date
11.4 Failure to Remedy Defects If the contractor fails to remedy the defect by this notified date, the employer may: (a) Carry out the work himself or by others, in a reasonable manner and at the contractor’s cost , and the contractor shall pay to the employer the costs reasonably incurred by the employer
11.4 Failure to Remedy Defects (b) Require the engineer to agree or determine a reasonable reduction in the contract price (c) If the defects deprives the employer of substantially the whole benefit of the works or any major part of the works, terminate the contract as the whole or the part which can not be used. Employer shall then be entitled to recover all sums paid for the works or for such part
11.5 Removal; of Defective Work • If the defect or damage cannot be remedied on the site and the employer gives consent, the contractor may remove from the site for the purposes of repair such items of damaged plant • This consent may require the contractor to increase the amount of the performance security
11.6 Further Tests • If the work of remedying of any defect may affect the performance of the works, the engineer may require the repetition of any of the tests described in the contract • The requirement shall be made by notice within 28 days after the defect is remedied • These tests shall be carried out in accordance with the terms applicable to the previous tests
11.7 Right of Access Until the performance certificate has been issued, the contractor shall have such right of access to the works as is reasonably required in order to comply with this clause
11.8 Contractor to Search • The contractor shall, if required by the engineer, search for the cause of any defect • Unless the defect is to be remedied at the cost of the contractor, the cost of the search plus reasonable profit shall be agreed or determined by the engineer
11.9 Performance Certificate • Performance of the contractor’s obligation shall not be considered to have been completed until the engineer has issued the performance certificate to the contractor
11.9 Performance Certificate • The engineer shall issue the performance certificate within 28 days after the latest of the expiry dates of notification periods, or as the contractor has supplied all the contractor’s documents and completed and tested all the works • The performance certificate shall be as an acceptance of the work
11.10 Unfilled Obligations After the performance certificate has been issued, each party shall remain liable for the fulfillment of any obligation which remains unperformed at that time
11.11 Clearance of Site • Upon receiving the performance certificate, the contractor shall remove any remaining contractor’s equipment, material, temporary works and so on from the site • If all these items have not been removed within 28 days after receiving a copy of the performance certificate, the employer may sell or dispose of any remaining items
11.11 Clearance of Site • The employer shall be entitled to be paid the costs due to sale or disposal • Any balance of the moneys from the sale shall be paid to the contractor • If these moneys are less than the employer’s costs, the contractor shall pay the outstanding balance to the employer
