DEFECTS LIABILITY AFTER COMPLETION Clause Samples
The Defects Liability After Completion clause establishes the contractor's responsibility to remedy any defects in the works that become apparent after the project has been completed and handed over. Typically, this clause sets a defined period—often called the defects liability period—during which the contractor must repair or rectify faults at their own cost if notified by the client. This ensures that the quality of the completed work is maintained and provides the client with recourse if issues arise post-completion, effectively safeguarding against latent construction defects.
DEFECTS LIABILITY AFTER COMPLETION. EXIT/TERMINATION 94 27.1 Liability for defects after Completion/Option to Exit/Termination 94 27.2 Retention of Gross Revenue 94 PART V OTHER PROVISIONS 95
DEFECTS LIABILITY AFTER COMPLETION. 45 28 VARIATION 48 29 VALUATION OF VARIATIONS 50 30 MEASUREMENT 51 31 COMPENSATION EVENT 53 32 COMPENSATION EVENTS PROCEDURE 55 33 CONSTRUCTION PLANT, TEMPORARY WORKS, MATERIALS AND GOODS 61 34 GENERAL RESPONSIBILITIES OF THE CONTRACTOR 63 35 INDEMNITY PROVISIONS 64
DEFECTS LIABILITY AFTER COMPLETION. EXIT/TERMINATION 27.1 Liability for defects after Completion/Option to Exit/Termination The Operator shall be responsible for all defects and deficiencies in the Project for a period of 1 (one) year after Completion/Option to Exit/Termination, and it shall have the obligation to repair or rectify, at its own cost, all defects and deficiencies observed by the Independent Consultant in the Project upto the transfer date. In the event that the Operator fails to repair or rectify such defect or deficiency within a period as specified by the Independent Consultant, the Authority shall be entitled to get the same repaired or rectified at the Operator’s risk and cost so as to make the Project conform to the Maintenance Requirements. The Authority shall apportionate the costs incurred for such repairs from the Escrow Account. The Authority shall be entitled to invoke the Performance Security.
DEFECTS LIABILITY AFTER COMPLETION. 47 27.1 Completion of Minor Outstanding Work and Remedying Defects 47 27.2 Cost of Completion of Minor Outstanding Works and Remedying Defects 47 27.3 Default in Remedying Defects 47 27.4 Diminution in Value of Works 47 27.5 Contractor to Search 48 27.6 Certificate of Making Good Defects 49 27.7 Liability at Law 49 28 VARIATION 50 28.1 Definition of Variation 43 28.2 Power to Order Variations 51 29 VALUATION OF VARIATIONS 52 29.1 Valuation Method 52 30 MEASUREMENT 53 30.1 Contractor to Attend Measurement 53 30.2 Contractor to Provide Assistance 53 30.3 Record of Measurements 53 30.4 Failure to Agree Measurements 54
DEFECTS LIABILITY AFTER COMPLETION. 43 28 VARIATIONS 45
28.1 Power to Order Variations 45 29.1 Valuation Method 46 29.2 Agreement on Valuation 47 29.3 Inclusion of Variations in Interim Certificates 48 30.1 Contractor to Attend Measurement 48 30.2 Contractor to Provide Assistance 48 30.3 Record of Measurements 49 30.4 Failure to Agree Measurements 49