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MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
11.5 Removal of Defective Work
Removal of Defective Work
If the defect or damage cannot be remedied expeditiously on the Site and the
Employer gives consent, the Contractor may remove from the Site for the purposes
of repair such items of Plant and/or Works as are defective or damaged. This
consent may, at the Employer's absolute discretion, require the Contractor to
increase the amount of the Bank Guarantee for performance by the full replacement
cost of these items, or to provide other appropriate security approved by the
Employer.
11.6 Further Tests
Further Tests
(a)
(b)
If the work of remedying any defect or damage may affect the performance of
the Works, the Employer's Representative may require the repetition of any of
the tests described in the Contract, including Tests on Completion. The
requirement shall be made by notice within 28 days after the defect or
damage is remedied.
These tests shall be carried out in accordance with the terms applicable to
the previous tests, except that they shall be carried out at the risk and cost of
the Party liable, under Sub-Clause 11.2 [Cost of Remedying Defects], for the
cost of the remedial work.
11.7 Right of Access
Right of Access
Until the Final Completion Certificate has been issued, the Contractor shall, with the
Employer's prior written approval, have limited right of access to the Works and to
records of the operation and performance of the Works, as is reasonably required in
order for the Contractor to comply with this Clause 11, except as may be inconsistent
with the Employer's reasonable security restrictions, or agreements with third parties
such as purchasers and other contractors.
11.8 Contractor to Search
Contractor to Search
The Contractor shall, if required by the Employer's Representative, search for the
cause of any defect, under the direction of the Employer's Representative. Unless
the defect is to be remedied at the cost of the Contractor under Sub-Clause 11.2
[Cost of Remedying Defects], the Costs for the search shall be agreed or determined
by the Employer's Representative in accordance with Sub-Clause 3.5
[Determinations] and shall be included in the Contract Price.
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