Common use of Contractor to Rectify Damage Clause in Contracts

Contractor to Rectify Damage. Without prejudice to the provisions of Clause 28.2, where injury or damage of any kind arises to any property out of or in the course of or by reason of the carrying out of the Works, the Superintending Officer shall be entitled to instruct the Contractor to rectify any such injury or damage at any time before the issue of the Final Completion Certificate and the Contractor shall upon receipt of such instruction(s) forthwith comply with the same. If the Contractor later establishes that he would not be liable for such injury or damage by virtue of Clause 28.2 or otherwise, the Superintending Officer’s instruction(s) shall be deemed to have been and shall be treated as a variation issued pursuant to Clause 19.1 and, notwithstanding the issue of a Final Account Certificate, shall be entitled to be paid in respect of such variation.

Contractor to Rectify Damage. Without prejudice to the provisions of Clause 28.226.2, where injury or damage of any kind arises to any property out of or in the course of or by reason of the carrying out of the Works, the Superintending Officer shall be entitled to instruct the Contractor to rectify any such injury or damage at any time before the issue of the Final Completion Certificate and the Contractor shall upon receipt of such instruction(s) forthwith comply with the same. If the Contractor later establishes that he would not be liable for such injury or damage by virtue of Clause 28.2 26.2 or otherwise, the Superintending Officer’s Officer‟s instruction(s) shall be deemed to have been and shall be treated as a variation issued pursuant to Clause 19.1 and, notwithstanding the issue of a Final Account Certificate, shall be entitled to be paid in respect of such variation.