Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
11.3 Extension of Defects Notification Period
Extension of Defects Notification Period
(a)
(b)
The Defects Notification Period for the Works or a Section shall be extended
if and to the extent that the Works, Section or a major item of Plant (as the
case may be) cannot be used for the purposes for which they are intended by
reason of a defect or damage or failure by the Contractor to comply with any
other obligation of the Contract and such extension shall be equal to the
period for which the Works cannot be so used for the purpose intended or, if
instructed in writing by the Employer’s Representative, the Defects
Notification Period shall recommence (and restart from the beginning) from
the date of the repair, replacement or making good of such defect or damage,
but only in respect of that part of the Works repaired, replaced or made good.
If delivery and/or erection of Plant and/or Materials was suspended under
Sub-Clause 8.8 [Suspension of Work] or Clause 16 [Suspension and
Termination by Contractor], the Contractor's obligations under this Clause 11
shall not apply to any defects or damage occurring more than two years after
the Defects Notification Period for the Plant and/or Materials would otherwise
have expired.
11.4 Failure to Remedy Defects
Failure to Remedy Defects
(a)
(b)
If the Contractor fails to remedy any defect or damage within a reasonable
time, a date may be fixed by (or on behalf of) the Employer, on or by which
the defect or damage is to be remedied. 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 under
Sub-Clause 11.2 [Cost of Remedying Defects], the Employer may (at its sole
and absolute discretion):
(i)
(ii)
(iii)
carry out the work itself or by others, in a reasonable manner and at
the Contractor's cost and risk, and the Contractor shall pay to the
Employer the Costs incurred by the Employer in remedying the defect
or damage;
require the Employer's Representative to agree or determine a
reasonable reduction in the Contract Price in accordance with Sub-
Clause 3.5 [Determinations]; or
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, or in respect of such major part which cannot
be put to the intended use. Without prejudice to any other rights,
under the Contract or otherwise, the Employer shall then be entitled to
recover all sums paid for the Works or for such part (as the case may
be), plus Costs, including the cost of dismantling the same, clearing
the Site and returning Plant and Materials to the Contractor.
© UNOPS 2011 79