ISLAMIC UNIVERSITY OF GAZAISLAMIC UNIVERSITY OF GAZAFACULTY OF ENGINEERINGFACULTY OF ENGINEERING

CIVIL ENGINEERING DEPARTMENTCIVIL ENGINEERING DEPARTMENT

Defects LiabilityDefects Liability

[Construction Contract Administration][Construction Contract Administration]

Chapter 11 Chapter 11

11.1 Completion of Outstanding Work 11.1 Completion of Outstanding Work and Remedying Defects and Remedying Defects

In order that the works and contractor‘s documants, In order that the works and contractor‘s documants, and each section, shall be in the condition required and each section, shall be in the condition required by the contract :by the contract :

11.1 Completion of Outstanding Work 11.1 Completion of Outstanding Work and Remedying Defects and Remedying Defects

(a)(a) Complete any work which is outstanding on the date Complete any work which is outstanding on the date stated in a Taking-Over certificate according to reasonable stated in a Taking-Over certificate according to reasonable time determined by the Engineertime determined by the Engineer

(b)(b) Execute all work required to remedy defects as may be Execute all work required to remedy defects as may be notified by the employer on or before the expiry date of notified by the employer on or before the expiry date of the defects notification period the defects notification period

11.1 Completion of Outstanding Work 11.1 Completion of Outstanding Work and Remedying Defects and Remedying Defects

If a defect appears or damage occurs, the If a defect appears or damage occurs, the contractor shall be notified accordingly by the contractor shall be notified accordingly by the employeremployer

All work referred to (11.1-b) shall be executed at All work referred to (11.1-b) shall be executed at the risk and cost of the contractor if it is the risk and cost of the contractor if it is attributable to:attributable to:

Any design for which the contractor is responsibleAny design for which the contractor is responsible Plant, materials or workmanship not being in Plant, materials or workmanship not being in

accordance with the contractaccordance with the contract Failure by the contractor to comply with any other Failure by the contractor to comply with any other

obligationobligation

11.2 Cost of Remedying Defects11.2 Cost of Remedying Defects

If and to the extent that such work is attributable to If and to the extent that such work is attributable to any other cause, the contractor shall be notified any other cause, the contractor shall be notified promptly by the employer according to variation promptly by the employer according to variation procedure sub-clauseprocedure sub-clause

11.2 Cost of Remedying Defects11.2 Cost of Remedying Defects

The employer shall be entitled to an extension of The employer shall be entitled to an extension of the defects notification period for the works, the defects notification period for the works, section or a major item of plant cannot be used for section or a major item of plant cannot be used for the purposes for which they are intended by reason the purposes for which they are intended by reason of a defect or damageof a defect or damage

However, notification period shall not be extended However, notification period shall not be extended by more than two years by more than two years

11.3 Extension of Defects Notification Period11.3 Extension of Defects Notification Period

If delivery and/or erection of plant and/or materials If delivery and/or erection of plant and/or materials was suspended, the contractor’s obligation shall not was suspended, the contractor’s obligation shall not apply to any defects occurring more than two years apply to any defects occurring more than two years after the defects notification periodafter the defects notification period

11.3 Extension of Defects Notification Period11.3 Extension of Defects Notification Period

If the contractor fails to remedy any defect or If the contractor fails to remedy any defect or damage within a reasonable time, a date may be damage within a reasonable time, a date may be fixed by the employerfixed by the employer

The contractor shall be given reasonable notice of The contractor shall be given reasonable notice of this datethis date

11.4 Failure to Remedy Defects11.4 Failure to Remedy Defects

If the contractor fails to remedy the defect by this notified If the contractor fails to remedy the defect by this notified date, the employer may:date, the employer may:

(a)(a) Carry out the work himself or by others, in a reasonable Carry out the work himself or by others, in a reasonable manner and at the contractor’s cost , and the contractor shall manner and at the contractor’s cost , and the contractor shall pay to the employer the costs reasonably incurred by the pay to the employer the costs reasonably incurred by the employer employer

11.4 Failure to Remedy Defects11.4 Failure to Remedy Defects

(b) Require the engineer to agree or determine a reasonable (b) Require the engineer to agree or determine a reasonable reduction in the contract pricereduction in the contract price

(c) If the defects deprives the employer of substantially the (c) If the defects deprives the employer of substantially the whole benefit of the works or any major part of the whole benefit of the works or any major part of the works, terminate the contract as the whole or the part works, terminate the contract as the whole or the part which can not be used. Employer shall then be entitled which can not be used. Employer shall then be entitled to recover all sums paid for the works or for such partto recover all sums paid for the works or for such part

11.4 Failure to Remedy Defects11.4 Failure to Remedy Defects

If the defect or damage cannot be remedied on the site If the defect or damage cannot be remedied on the site and the employer gives consent, the contractor may and the employer gives consent, the contractor may remove from the site for the purposes of repair such remove from the site for the purposes of repair such items of damaged plantitems of damaged plant

This consent may require the contractor to increase the This consent may require the contractor to increase the amount of the performance security amount of the performance security

11.5 Removal; of Defective Work11.5 Removal; of Defective Work

If the work of remedying of any defect may affect the performance 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 of the works, the engineer may require the repetition of any of the tests described in the contracttests described in the contract

The requirement shall be made by notice within 28 days after the The requirement shall be made by notice within 28 days after the defect is remedieddefect is remedied

These tests shall be carried out in accordance with the terms These tests shall be carried out in accordance with the terms applicable to the previous testsapplicable to the previous tests

11.6 Further Tests11.6 Further Tests

Until the performance certificate has been issued, the Until the performance certificate has been issued, the contractor shall have such right of access to the works contractor shall have such right of access to the works as is reasonably required in order to comply with this as is reasonably required in order to comply with this clause clause

11.7 Right of Access11.7 Right of Access

The contractor shall, if required by the engineer, search The contractor shall, if required by the engineer, search for the cause of any defectfor the cause of any defect

Unless the defect is to be remedied at the cost of the Unless the defect is to be remedied at the cost of the contractor, the cost of the search plus reasonable profit contractor, the cost of the search plus reasonable profit shall be agreed or determined by the engineer shall be agreed or determined by the engineer

11.8 Contractor to Search11.8 Contractor to Search

Performance of the contractor’s obligation shall not be Performance of the contractor’s obligation shall not be considered to have been completed until the engineer considered to have been completed until the engineer has issued the performance certificate to the contractorhas issued the performance certificate to the contractor

11.9 Performance Certificate11.9 Performance Certificate

The engineer shall issue the performance certificate The engineer shall issue the performance certificate within 28 days after the latest of the expiry dates of within 28 days after the latest of the expiry dates of notification periods, or as the contractor has supplied notification periods, or as the contractor has supplied all the contractor’s documents and completed and all the contractor’s documents and completed and tested all the works tested all the works

The performance certificate shall be as an acceptance The performance certificate shall be as an acceptance of the work of the work

11.9 Performance Certificate11.9 Performance Certificate

After the performance certificate has been issued, each After the performance certificate has been issued, each party shall remain liable for the fulfillment of any party shall remain liable for the fulfillment of any obligation which remains unperformed at that timeobligation which remains unperformed at that time

11.10 Unfilled Obligations11.10 Unfilled Obligations

Upon receiving the performance certificate, the contractor shall remove any Upon receiving the performance certificate, the contractor shall remove any remaining contractor’s equipment, material, temporary works and so on from the siteremaining 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 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 itemsperformance certificate, the employer may sell or dispose of any remaining items

11.11 Clearance of Site11.11 Clearance of Site

The employer shall be entitled to be paid the costs due to sale or disposalThe 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 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 If these moneys are less than the employer’s costs, the contractor shall pay the outstanding balance to the employerthe employer

11.11 Clearance of Site11.11 Clearance of Site

العالمينالعالمين ربرب للهلله الحمدالحمد

ThankThank YouYou

العالمينالعالمين ربرب للهلله الحمدالحمد

ThankThank YouYou