Defective Works. (a) Prior to Substantial Completion:
Defective Works. 6.1. If, during the Defects Liability Period, any of the Works is found to be Defective, the Contractor shall carry out rectification work and re-test all rectified Works as directed by UW and at times and in a manner so as not to inconvenience UW or any other persons performing work at the Site.
Defective Works. 1. Replace all affected and low quality timer to veranda balustrades. Xx Xxxxxxxx testified that about 50% of the balustrades were affected by termites. Xxxxxxx Pest Services Ltd, in their Report dated 26th May 1998 (P6) stated that "the main places which have been badly infested and affected with termite were the wooden bridge in front of the house and the floor and ceiling of the entrance to the kitchen. They identified A 20 x 20 beam and T & G ceiling and stated that the wood did not have any connection route from any other area. They further stated that it was generally difficult to determine the source of the termites. They also stated that 4 vertical pillars supporting the infected beam were drilled, but no termite infesting was found. So also other beams leading to the infested beam from inside the house and all interconnected structural timber were also examined, but no infestation was found. Hence it was concluded that the infested beam had "a route of infection within itself and most plausibly the infection was spread to the T & G ceiling which is a soft fine wood, while the infested beam was a hardwood timber which was badly affected. The Second Plaintiff admitted in cross-examination that he supplied some timber from the Island Timber Co and also some other timber. However in his re-examination, he stated that he supplied only a beam 175 mm x 450 mm used for an internal beam. That was of Mahogany wood and it was free of termites up to date. Mr Xxxxxx however testified that the Plaintiffs supplied the pine wood for the ceiling, and some other timber which he had in stock. Questioned as to the possible cause of termite infesting, he stated that it could have originated from the foundation which was built by the previous contractor. He also stated that all wood imported to Seychelles are treated and hence there was no possibility of there being termites at the time of supply. On a consideration of the above evidence, there is no proof that the Contractor used low quality timber, or untreated timber. Although it is evident from the photographs exhibited that there was termite infesting, yet in circumstances where both the Contractor and the client, supplied wood and also the possibility that infestation may have originated from an untreated foundation for which the Defendant company was not responsible, on a balance of probabilities this Court cannot award damages against the Defendant under this item.
Defective Works. Prior to Interim Completion in respect of the TRBC Facility and prior Substantial Completion in respect of the BCA Facility:
Defective Works. (a) If, during the Defects Liabiltiy Period, TfNSW identifies a defect in the Works (“Defective Works”), TfNSW may direct the Supplier to rectify these Defective Works, by way of repairing, replacing, modifying, performing or taking other actions acceptable to TfNSW (acting reasonably).
Defective Works. All defective works are liable to be demolished, rebuilt and defective materials replaced by the contractor at his own cost. In the event of such works being accepted by carrying out repairs etc., as specified by the Engineer, the cost of repairs will be borne by the contractor. Site Information The information given hereunder and provided elsewhere in these documents is given in good faith by the Employer but the Contractor shall satisfy himself regarding all aspects of site conditions and no claim will be entertained on the plea that the information supplied by the Employer is erroneous or insufficient. In general, the topography of the road is mountainous. The approximate longitude and latitude of the State is 310 26’ 10” N Lat. 310 41’ 54” N Lat. and longitude of 760 42’ 54” E Long. to 760 49’ 10” E Long. The heights within Himachal Pradesh vary between 800m to more than 1400m General Climatic Conditions The maximum temperature is around 37 degrees C in the month of May. The temperature varies from a maximum of 37 degrees C during the summer (July to September) to a minimum of 0 to 4 degrees during the coldest winter (January and February). The normal average annual rainfall in the project area is approximately 1250 mm. Most of it occurs during the monsoon months of June through September. The Project road traverses through the snow bound area. Seismic Zone The works are located in Seismic Zone-V as defined in IRC: 6-2000. Additional Specifications The additional specifications shall comprise of specifications for particular items of work not covered in Part – A and Part - B above. The following Appendices describing additional specifications have been added to the Part – A, Standard Specifications: CLAUSE A-1 PLANTATION OF TREES AND XXXXXX CLAUSE A-2 CHUTE DRAIN FOR HIGH EMBANKMENT SECTIONS CLAUSE A-3 UTILITY DUCTS CLAUSE A-4 CONTROL BLASTING CLAUSE A-5 SPECIFICATIONS FOR SCARIFICATION OF EXISTING PAVEMENT AND PROVIDING OVERLAY WITH GRANULAR BASE/DBM. CLAUSE A-6 FILLING OF OPEN XXXXX CLAUSE A-7 WAY SIDE AMENITIES AND TRUCK PARKING SITES CLAUSE A-8 CURING USING LIQUID MEMBRANE FORMING COMPOUND CLAUSE A-9 SPECIFICATION FOR GUARD POST CLAUSE A-10 SPECIFICATION FOR PASSENGER SHELTER CLAUSE A-11 SPECIFICATION FOR PAINTING OF STRUCTURES WITH SYNTHETIC ENAMEL CLAUSE A-12 CONSTRUCTION OF GABION WALL CLAUSE A-13 CONSTRUCTION OF RE WALL WITH GABION WIRE MESH SYSTEM CLAUSE A-14 GROUTED DOWELS FOR SLOPE STABILITY AND PROTECTION WORKS CLAUSE A-15 TEMPORARY BARRICA...
Defective Works. (a) Project Co shall promptly remove from the Site and replace or re-execute defective Works that fails to conform to the Project Agreement whether or not the defective Works has been incorporated in the Works and whether or not the defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of defective Works shall be at Project Co‟s expense. Project Co shall rectify, in a manner acceptable to the Independent Certifier, all defective Works and deficiencies throughout the Works, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any defective Works so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any defective Works that in the sole discretion of HMQ is determined to adversely affect the day to day operation of HMQ.
Defective Works. You must within 28 days of the installation being completed notify the Company in writing of any defective work or materials.
Defective Works. (a) Prior to East Substantial Completion and save with respect to possible East Minor Deficiencies identified in accordance with Section 25.10(a), DB Co shall promptly Make Good any Construction Defects in respect of the East Works (an “East Construction Defect”) whether or not such East Construction Defect has been incorporated into the New City Infrastructure and whether or not the East Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of DB Co. The correction of East Construction Defects shall be at DB Co’s sole cost and expense. DB Co shall Make Good, in a manner acceptable to the Independent Certifier, or, in the case of New Municipal Infrastructure, the City Engineer, all East Construction Defects, whether or not they are specifically identified by the Independent Certifier or the City Engineer, as the case may be, and DB Co shall prioritize the correction of any East Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that DB Co shall prioritize the correction of any East Construction Defects that in the sole discretion of the City is determined to adversely affect the day to day operation of the City.
Defective Works. (a) Prior to Substantial Completion: Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated into the New Metrolinx Infrastructure or the New Third Party Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of Contracting Authority is determined to adversely affect the day to day operation of Contracting Authority. Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Works as performed and that called for by the Project Agreement. If Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.
