Defective Works. (a) Prior to Substantial Completion:
Defective Works. 1. Replace all affected and low quality timer to veranda balustrades. Xx Xxxxxxxx testified that about 50% of the balustrades were affected by termites. Xxxxxxx Pest Services Ltd, in their Report dated 26th May 1998 (P6) stated that "the main places which have been badly infested and affected with termite were the wooden bridge in front of the house and the floor and ceiling of the entrance to the kitchen. They identified A 20 x 20 beam and T & G ceiling and stated that the wood did not have any connection route from any other area. They further stated that it was generally difficult to determine the source of the termites. They also stated that 4 vertical pillars supporting the infected beam were drilled, but no termite infesting was found. So also other beams leading to the infested beam from inside the house and all interconnected structural timber were also examined, but no infestation was found. Hence it was concluded that the infested beam had "a route of infection within itself and most plausibly the infection was spread to the T & G ceiling which is a soft fine wood, while the infested beam was a hardwood timber which was badly affected. The Second Plaintiff admitted in cross-examination that he supplied some timber from the Island Timber Co and also some other timber. However in his re-examination, he stated that he supplied only a beam 175 mm x 450 mm used for an internal beam. That was of Mahogany wood and it was free of termites up to date. Mr Xxxxxx however testified that the Plaintiffs supplied the pine wood for the ceiling, and some other timber which he had in stock. Questioned as to the possible cause of termite infesting, he stated that it could have originated from the foundation which was built by the previous contractor. He also stated that all wood imported to Seychelles are treated and hence there was no possibility of there being termites at the time of supply. On a consideration of the above evidence, there is no proof that the Contractor used low quality timber, or untreated timber. Although it is evident from the photographs exhibited that there was termite infesting, yet in circumstances where both the Contractor and the client, supplied wood and also the possibility that infestation may have originated from an untreated foundation for which the Defendant company was not responsible, on a balance of probabilities this Court cannot award damages against the Defendant under this item.
Defective Works. 6.1. If, during the Defects Liability Period, any of the Works is found to be Defective, the Contractor shall carry out rectification work and re-test all rectified Works as directed by UW and at times and in a manner so as not to inconvenience UW or any other persons performing work at the Site.
Defective Works. (a) If, during the Defects Liabiltiy Period, TfNSW identifies a defect in the Works (“Defective Works”), TfNSW may direct the Supplier to rectify these Defective Works, by way of repairing, replacing, modifying, performing or taking other actions acceptable to TfNSW (acting reasonably).
Defective Works. (a) Prior to East Substantial Completion and save with respect to possible East Minor Deficiencies identified in accordance with Section 25.10(a), DB Co shall promptly Make Good any Construction Defects in respect of the East Works (an “East Construction Defect”) whether or not such East Construction Defect has been incorporated into the New City Infrastructure and whether or not the East Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of DB Co. The correction of East Construction Defects shall be at DB Co’s sole cost and expense. DB Co shall Make Good, in a manner acceptable to the Independent Certifier, or, in the case of New Municipal Infrastructure, the City Engineer, all East Construction Defects, whether or not they are specifically identified by the Independent Certifier or the City Engineer, as the case may be, and DB Co shall prioritize the correction of any East Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that DB Co shall prioritize the correction of any East Construction Defects that in the sole discretion of the City is determined to adversely affect the day to day operation of the City.
Defective Works. (a) Prior to Substantial Completion in respect of the Works (other than the Remaining Works), and prior to Final Completion in respect of the Remaining Works:
Defective Works. (a) Prior to Substantial Completion: Project Co shall promptly Make Good any deficiency, defect or error in the Works or failure of the Works to conform to the Project Agreement, or any deficiency, defect or error in relation to any Product (collectively, a “Construction Defect”) whether or not such Construction Defect has been incorporated into the New Metrolinx Infrastructure or the New Third Party Infrastructure and whether or not the Construction Defect is the result of poor workmanship, use of defective Products or equipment or damage through carelessness or other act or omission of Project Co. The correction of Construction Defects shall be at Project Co’s sole cost and expense. Project Co shall Make Good, in a manner acceptable to the Independent Certifier, all Construction Defects, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any Construction Defects so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any Construction Defects that in the sole discretion of Contracting Authority is determined to adversely affect the day to day operation of Contracting Authority. Project Co shall Make Good promptly other contractors’ work destroyed or damaged by such rectifications at Project Co’s expense. If in the opinion of the Independent Certifier it is not expedient for Project Co to correct any Construction Defects, Contracting Authority may deduct from the amount of the Guaranteed Price the difference in value between the Works as performed and that called for by the Project Agreement. If Contracting Authority and Project Co do not agree on the difference in value, they shall refer the matter to the Independent Certifier for a determination and the determination will be issued as a Variation.
Defective Works. (a) Project Co shall promptly remove from the Site and replace or re-execute defective Works that fails to conform to the Contract Documents whether or not the defective Works has been incorporated in the Works and whether or not the defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of defective Works shall be at Project Co’s expense. Project Co shall rectify, in a manner acceptable to the HMQ Representative, all defective Works and deficiencies throughout the Works, whether or not they are specifically identified by the HMQ Representative, and Project Co shall prioritize the correction of any defective Works so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any defective Works that in the Sole Discretion of HMQ is determined to adversely affect the day to day operation of HMQ.
Defective Works. (a) Project Co shall promptly remove from the Site and replace or re-execute defective Works that fails to conform to the Project Agreement whether or not the defective Works has been incorporated in the Works and whether or not the defect is the result of poor workmanship, use of defective Products or damage through carelessness or other act or omission of Project Co. The correction of defective Works shall be at Project Co‟s expense. Project Co shall rectify, in a manner acceptable to the Independent Certifier, all defective Works and deficiencies throughout the Works, whether or not they are specifically identified by the Independent Certifier, and Project Co shall prioritize the correction of any defective Works so as not to interfere with or derogate from the Works Schedule, provided that Project Co shall prioritize the correction of any defective Works that in the sole discretion of HMQ is determined to adversely affect the day to day operation of HMQ.
Defective Works. (s71 New Roads and Street Works Act 1991). This Section of the Act deals with the way in which Street Works have been performed and the performance of the Reinstatement. It does not relate to the integrity of the apparatus itself unless the apparatus forms part of the reinstatement (ie. where the performed works involved the installation of a chamber frames and covers). Liability under this Section is usually limited to the duration of the Warranty Period (2 or 3 years). Problems reported under this Section shall be known as Defects and are not covered by this agreement:
