Common use of Making Good Loss or Damage to the Works Clause in Contracts

Making Good Loss or Damage to the Works. If any part of the Works shall suffer loss or damage whilst the Contractor· has responsibility for the care thereof, except to the extent that such loss or damage shall be caused by the Purchaser's Risks (defined in Clause 45) or an event of Force Majeure according to Clause 49.1, the same shall be made good by the Contractor at its own expense. The Contractor shall also at its own expense (subject as aforesaid) make good any loss or damage to the Works caused by him in the course of completing any outstanding work or of complying with its obligations under Clause 36. In the event that any part of the Works shall suffer loss or damage whilst the Contractor has responsibility for the care thereof which is caused by any of the Purchaser's Risks or an event of Force Majeure according to Clause 49.1, the same shall, if required by the Purchaser within 6 (six) months after the happening of the event giving rise to loss or damage, be made good by the Contractor. Such making good shall be at the expense of the Purchaser at a price, as may be agreed between the Contractor and the Purchaser, failing which the price (if any) shall be determined by the Engineer. The price or sum so agreed or determined shall be added to the Contract Price. Any extension of the Time for Completion and/or in a suitably expeditious manner of making good, may also be agreed between the Contractor and the Purchaser, failing which they shall be determined by the Engineer. Purchaser shall be responsible for all risk of loss or damage to the Works and any Plant goods or materials, whilst the Purchaser has responsibility for the care thereof in accordance with the provisions hereof.