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
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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
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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.
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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
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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
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Related to DEFECTS LIABILITY AFTER COMPLETION

  • Defects Liability 11.1 In case of a defect, the Seller will, without undue delay and free of charge, make good any defects and/ or deficiencies in its Supplies and Services which were already existent at the time of transfer of risk to the Customer by, at its sole discretion and as the nature of the defect or deficiency would reasonably require,repair or replacement. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally fail, the Customer shall – without prejudice to claim damages – be entitled to terminate the Contract or ask for an equitable adjustment of the Contact price. Except as otherwise provided in the Contract, a remedy shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiency. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond 24 months from the from the date of completion of the concerned Supplies and/ or Services. 11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

  • Defects Liability Period (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specified below: (a) 5 (five) years from the date of completion in case of a road being constructed with flexible pavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigid pavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetual design; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • General Liability and Property Damage With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: