Common use of Defects Notice Clause in Contracts

Defects Notice. (1) Where any Item of Work is Complete and defects arise or are discovered in that item which: (a) adversely affects the ordinary use and/or enjoyment of that item; or (b) will require maintenance or rectification works to be performed on it at some time in the future as a result of the existence of the defect, (Defect) Council may issue a notice to the Developer (Defects Notice) concerning that Item of Work but only during the Defects Liability Period. (2) A Defects Notice must contain the following information: (a) the nature and extent of the Defect; (b) the work Council requires the Developer to carry out in order to rectify the Defect; and (c) the time within which the Defect must be rectified by the Developer (which must be a reasonable time and not less than fourteen (14) days).

Defects Notice. (1) Where any Item part of Work is Complete and defects arise or are discovered in that item the Works has been Completed but those Works contain a material defect which: (a) adversely affects the ordinary use and/or enjoyment of that itemthe relevant Works; or (b) will require maintenance or rectification works to be performed on it them at some time in the future as a result of the existence of the defect, (Defect) Council may issue a defects notice to the Developer (Defects Notice) concerning that Item of Work those Works but only during within the Defects Liability Period. (2) A Defects Notice must contain the following information: (a) the nature and extent of the Defect; (b) the work Council requires the Developer to carry out in order to rectify the Defect; and (c) the time within which the Defect must be rectified by the Developer (which must be a reasonable time and not less than fourteen ten (1410) business days).