Contractor to Rectify Damage Sample Clauses
The "Contractor to Rectify Damage" clause requires the contractor to repair or make good any damage they cause during the course of their work. Typically, this applies to property, equipment, or materials that are accidentally damaged while the contractor is performing their duties, and the contractor is expected to restore affected items to their original condition at their own expense. This clause ensures that the client is protected from incurring additional costs due to the contractor's actions and helps maintain the integrity of the project site.
Contractor to Rectify Damage. (a) Without prejudice to the provisions of Clause 35.2, where damage, loss or injury of any kind arises to any property out of or in the course of or by reason of the execution of the Works, the Superintending Officer shall be entitled to instruct the Contractor to rectify any such damage, loss or injury at any time before the issue of the Certificate of Practical Completion pursuant to Clause
Contractor to Rectify Damage. Without prejudice to the provisions of Clause 28.2, where injury or damage of any kind arises to any property out of or in the course of or by reason of the carrying out of the Works, the Superintending Officer shall be entitled to instruct the Contractor to rectify any such injury or damage at any time before the issue of the Final Completion Certificate and the Contractor shall upon receipt of such instruction(s) forthwith comply with the same. If the Contractor later establishes that he would not be liable for such injury or damage by virtue of Clause 28.2 or otherwise, the Superintending Officer’s instruction(s) shall be deemed to have been and shall be treated as a variation issued pursuant to Clause 19.1 and, notwithstanding the issue of a Final Account Certificate, shall be entitled to be paid in respect of such variation.
Contractor to Rectify Damage. (a) Without prejudice to the provisions of Clause 35.2, where damage, loss or injury of any kind arises to any property out of or in the course of or by reason of the execution of the Works, the Superintending Officer shall be entitled to instruct the Contractor to rectify any such damage, loss or injury at any time before the issue of the Certificate of Practical Completion pursuant to Clause 20.2 and the Contractor shall upon receipt of such an instruction forthwith comply with the same.
(b) If the Contractor’s liability is reduced under sub-clause 35.3(a) then the proportion for which the Employer is liable shall be treated as a Variation.