Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
17.7 Warranties relating to the Works
Warranties relating to the Works
Without prejudice to any other warranties expressed elsewhere in the Contract, and
despite any inclusion of the Employer Documents in the Contract (including in the
Specification and the Drawings) or any approval given or withheld by the Employer
under the Contract, the Contractor warrants that:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
the Works will be executed with all the skill and care to be expected of
appropriately qualified and experienced international contractors with
experience in performing works and services of a similar size, type, nature,
scope and complexity to the Works and in accordance with Industry Best
Practices;
the Works will be executed in accordance with the Contract, for the Contract
Price, and by the Time for Completion and that it will furnish all parts of the
Works and all materials and services necessary to make the Works fully and
operationally complete as specified in the Contract;
when the Works are completed they shall be fit for such purposes for which
the Works are intended as are specified in the Schedule of Specification;
the Works will be executed with the highest regard for safety and protection of
the environment and so that the Works are capable of being operated and
utilised in accordance with all applicable Laws and the Contract;
the Works and the Plant and Materials utilise proven technology, being a
technology that has operated commercially at other similar works and which,
as of the Date of the Contract, is capable of being insured on a reasonable
commercial basis;
the Plant and Materials shall, when first used during the performance of the
Works, be new and unused and shall also be, in accordance with the
Contract and of a quality reasonably expected in the international
construction and design industries, free from material defects and
deficiencies of any kind, and free from any encumbrance or Security Interest
and shall conform to the requirements set out in the Contract; and
the Works will comply with all applicable Laws and the requirements of all
relevant Authorities at the time the Works are Taken Over; and
the warranties provided under this Sub-Clause 17.7 survive the completion,
termination or expiry of the Contract.
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