Completion and Final Acceptance. Section 1. The PROCURING ENTITY shall issue to the CONTRACTOR a Certificate of Completion upon satisfactory completion of the PROJECT. Section 2. The defects liability period for this PROJECT shall be one year from PROJECT completion up to final acceptance by the PROCURING ENTITY. During this period, the CONTRACTOR shall undertake the repair works, at his own expense, of any damage to the infrastructure projects on account of the use of materials of inferior quality within ninety (90) days from the time the head of the procuring entity has issued an order to undertake the repair. In case of failure or refusal to comply with this mandate, the PROCURING ENTITY shall undertake such repair works and the Guarantee Bond shall be forfeited in favor of the PROCURING ENTITY. If the Guarantee Bond is insufficient to cover the cost of repairs, the difference shall be paid by the CONTRACTOR to the PROCURING ENTITY within ten (10) days from its receipt of the Notice to Pay with a penalty interest of 1.5% per month, compounded monthly reckoned from the date of its receipt of the Notice to Pay, until full payment. Section 3. Before issuance of the Certificate of Completion, the CONTRACTOR must submit a sworn statement that all materials, bills, wages for labor employed, payroll, and other indebtedness and obligations for the PROJECT as well as taxes and fees due from it have been fully and duly paid. Any claim submitted to the PROCURING ENTITY at any time by any party arising from this Contract shall be a sufficient reason for the PROCURING ENTITY to withhold any payment due to the CONTRACTOR. Section 4. The issuance of a Certificate of Final Acceptance by the PROCURING ENTITY shall not relieve the CONTRACTOR of any liability for any defect in the work or from Article 1723 of the New Civil Code. Section 5. No payments made by the PROCURING ENTITY shall be construed as a waiver of any claim for defects in the work, materials, or breach of obligations under this Contract.
Appears in 3 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
Completion and Final Acceptance. Section 1. The PROCURING ENTITY shall issue to the CONTRACTOR a Certificate of Completion upon satisfactory completion of the PROJECT.
Section 2. The defects liability period for this PROJECT shall be one year from PROJECT completion up to final acceptance by the PROCURING ENTITY. During this period, the CONTRACTOR shall undertake the repair works, at his own expense, of any damage to the infrastructure projects on account of the use of materials of inferior quality within ninety (90) days from the time the head of the procuring entity has issued an order to undertake the repair. In case of failure or refusal to comply with this mandate, the PROCURING ENTITY shall undertake such repair works and the Guarantee Bond shall be forfeited in favor of the PROCURING ENTITY. If the Guarantee Bond is insufficient insufficient to cover the cost of repairs, the difference shall be paid by the CONTRACTOR to the PROCURING ENTITY within ten (10) days from its receipt of the Notice to Pay with a penalty interest of 1.5% per month, compounded monthly reckoned from the date of its receipt of the Notice to Pay, until full payment.
Section 3. Before issuance of the Certificate of Completion, the CONTRACTOR must submit a sworn statement that all materials, bills, wages for labor employed, payroll, and other indebtedness and obligations for the PROJECT as well as taxes and fees due from it have been fully and duly paid. Any claim submitted to the PROCURING ENTITY at any time by any party arising from this Contract shall be a sufficient reason for the PROCURING ENTITY to withhold any payment due to the CONTRACTOR.
Section 4. The issuance of a Certificate of Final Acceptance by the PROCURING ENTITY shall not relieve the CONTRACTOR of any liability for any defect in the work or from Article 1723 of the New Civil Code.
Section 5. No payments made by the PROCURING ENTITY shall be construed as a waiver of any claim for defects in the work, materials, or breach of obligations under this Contract.
Appears in 2 contracts
Samples: Construction Agreement, Construction Agreement
Completion and Final Acceptance. Section 1. The PROCURING ENTITY shall issue to the CONTRACTOR a Certificate of Completion upon satisfactory completion of the PROJECT.
Section 2. The defects liability period for this PROJECT shall be one (1) year from PROJECT completion up to final acceptance by the PROCURING ENTITY. During this period, the CONTRACTOR shall undertake the repair works, at his own expense, of any damage to the infrastructure projects on account of the use of materials of inferior quality within ninety (90) days from the time the head Head of the procuring entity PROCURING ENTITY has issued an order to undertake the repair. In case of failure or refusal to comply with this mandate, the PROCURING ENTITY shall undertake such repair works and the Guarantee Bond shall be forfeited in favor of the PROCURING ENTITY. If the Guarantee Bond is insufficient to cover the cost of repairs, the difference shall be paid by the CONTRACTOR to the PROCURING ENTITY within ten (10) days from its receipt of the Notice to Pay with a penalty interest of 1.5% per month, compounded monthly reckoned from the date of its receipt of the Notice to Pay, until full payment.
Section 3. Before issuance of the Certificate of CompletionAcceptance, the CONTRACTOR must submit a sworn statement that all materials, bills, wages for labor employed, payroll, and other indebtedness and obligations for the PROJECT as well as taxes and fees due from it have been fully and duly paid. Any claim submitted to the PROCURING ENTITY at any time by any party arising from this Contract shall be a sufficient reason for the PROCURING ENTITY to withhold any payment due to the CONTRACTOR.
Section 4. The issuance of a Certificate of Final Acceptance by the PROCURING ENTITY shall not relieve the CONTRACTOR of any liability for any defect in the work or from Article 1723 of the New Civil Code.
Section 5. No payments made by the PROCURING ENTITY shall be construed as a waiver of any claim for defects in the work, materials, or breach of obligations under this Contract.
Appears in 1 contract
Completion and Final Acceptance. Section 1. The PROCURING ENTITY shall issue to the CONTRACTOR a Certificate of Completion upon satisfactory completion of the PROJECT.
Section 2. The defects liability period for this PROJECT shall be one year from PROJECT completion up to final acceptance by the PROCURING ENTITY. During this period, the CONTRACTOR shall undertake the repair works, at his own expense, of any damage to the infrastructure projects on account of the use of materials of inferior quality within ninety (90) days from the time the head of the procuring entity has issued an order to undertake the repair. In case of failure or refusal to comply with this mandate, the PROCURING ENTITY shall undertake such repair works and the Guarantee Bond shall be forfeited in favor of the PROCURING ENTITY. If the Guarantee Bond is insufficient insufficient to cover the cost of repairs, the difference shall be paid by the CONTRACTOR to the PROCURING ENTITY within ten (10) days from its receipt of the Notice to Pay with a penalty interest of 1.5% per month, compounded monthly reckoned from the date of its receipt of the Notice to Pay, until full payment.
Section 3. Before issuance of the Certificate of Completion, the CONTRACTOR must submit a sworn statement that all materials, bills, wages for labor employed, payroll, and other indebtedness and obligations for the PROJECT as well as taxes and fees due from it have been fully and duly paid. Any claim submitted to the PROCURING ENTITY at any time by any party arising from this Contract shall be a sufficient reason for the PROCURING ENTITY to withhold any payment due to the CONTRACTOR.
Section 4. The issuance of a Certificate of Final Acceptance by the PROCURING ENTITY shall not relieve the CONTRACTOR of any liability for any defect in the work or from Article 1723 of the New Civil Code.
Section 5. No payments made by the PROCURING ENTITY shall be construed as a waiver of any claim for defects in the work, materials, or breach of obligations under this Contract.
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