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CLAUSE 11 - Defects Liability

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178 views2 pages

CLAUSE 11 - Defects Liability

Uploaded by

Fakhar Abbas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FIDIC RB 99

Clause 11 - Defects Liability

11.1 Completion of Outstanding Work and Remedying Defects


The Contractor shall complete any work which is outstanding on the date stated in a Taking-Over
Certificate and execute all work required to remedy defects or damage.

11.2 Cost of Remedying Defects


All work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and
Remedying Defects] shall be executed at the risk and cost of the Contractor.

11.3 Extension of Defects Notification Period


The Employer shall be entitled subject to Sub-Clause 2.5 [Employer’s Claims] to an extension of the
DNP for the Works, or a Section cannot be used for the purposes for which they are intended.
However, a Defects Notification Period shall not be extended by more than two years.

11.4 Failure to Remedy Defects


If the Contractor fails to remedy the defect or damage by this notified date and this remedial work was
to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the
Employer may carry out the work himself or by others and require the Engineer to agree or determine
a reasonable reduction in the Contract Price in accordance with Sub-Clause 3.5.

11.5 Removal of Defective Work


If the defect or damage cannot be remedied expeditiously on the Site and the Employer gives
consent, the Contractor may remove from the Site for the purposes of repair such items of Plant as
are defective or damaged.

11.6 Further Tests


If the work of remedying of any defect or damage may affect the performance of the Works, the
Engineer may require the repetition of any of the tests described in the Contract.

11.7 Right of Access


Until the Performance Certificate has been issued, the Contractor shall have such right of access to
the Works.

11.8 Contractor to Search


The Contractor shall, if required by the Engineer, search for the cause of any defect, under the
direction of the Engineer. the Cost of the search plus reasonable profit shall be agreed or determined
by the Engineer accordance with Sub-Clause 3.5.

11.9 Performance Certificate


Performance of the Contractor’s obligations shall not be considered to have been completed until the
Engineer has issued the Performance Certificate to the Contractor.

The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates
of the Defects Notification Periods.

11.10 Unfulfilled Obligations


After the Performance Certificate has been issued, Contractor shall remain liable for the fulfilment of
any obligation which remains unperformed at that time.
FIDIC RB 99

11.11 Clearance of Site


Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractor’s
Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site.

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