Defects Liability and Maintenance Period Clause Samples
The Defects Liability and Maintenance Period clause establishes a specific timeframe after the completion of a project during which the contractor is responsible for remedying any defects or faults that arise in the work performed. During this period, the contractor must repair or replace defective materials or workmanship at their own cost, ensuring the project meets the agreed standards. This clause ensures that the client receives a fully functional and defect-free result, providing a mechanism for addressing issues that may not have been apparent at the time of completion and thereby protecting the client’s interests.
Defects Liability and Maintenance Period. (a) During the Defects Liability and Maintenance Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works or any Maintenance requirement that has not been complied with.
(b) The Rectification Notice must specify:
(i) action required to be undertaken by the Developer to rectify the defect or Maintain the Works (Rectification Works); and
(ii) the date on which the defect must be rectified, or the Maintenance work completed (Rectification Date).
Defects Liability and Maintenance Period. The developer shall be responsible for the maintenance of works and the rectification of any works defects for the period(s) set out in the Agreement. Maintenance requirements may include, but are not limited to: cleaning, inspection of damage, rectification of damage including chips and cracks, fixing of stains, graffiti removal, following manufacturers’ instructions, weed removal, re-levelling and topping up, removing salt deposits, tree inspections, watering, replacement of ties and stakes, fertilising, mowing, pest and disease treatment, pruning, irrigation, removing debris, checking water levels.
Defects Liability and Maintenance Period. (a) During the Defects Liability and Maintenance Period, the Council (acting reasonably) may give to the Developer a notice (Rectification Notice) in writing that identifies a defect in the Works or any Maintenance requirement that has not been complied with.
(b) The Rectification Notice must specify:
(i) action required to be undertaken by the Developer to rectify the defect or Maintain the Works (Rectification Works); and
(ii) the date on which the defect must be rectified, or the Maintenance work completed (Rectification Date).
(c) The Developer must comply with the Rectification Notice by:
(i) procuring the performance of the Rectification Works by the Rectification Date, or such other date as agreed between the parties;
(ii) keeping the Council reasonably informed of the action to be taken to rectify the defect or Maintain the Works; and
(iii) carrying out the Rectification Works.
(d) The Council must give the Developer and its contractors any access required to carry out the Rectification Works.
(e) When the Developer considers that the Rectification Works are complete, either the Developer must notify the Council and provide documentation, plans or invoices which establish that the Rectification Works were carried out.
(f) The Council may inspect the Rectification Works within 15 Business Days of receiving a Notice from the Developer under clause 10.2(e) of this Schedule and, acting reasonably:
(i) issue a further Rectification Notice if it is not reasonably satisfied that the Rectification Works are complete; or
(ii) notify the Developer in writing that it is satisfied the Rectification Works are complete.
(g) The Developer must meet all costs of and incidental to rectification of defects or Maintenance of Works under this clause 10.2.
(h) If the Developer fails to comply with a Rectification Notice, then the Council may do such things or take such action as is necessary to carry out the Rectification Works, including accessing and occupying any part of the Land without further notice to the Developer, and may:
(i) call upon any Bond or Bank Guarantee provided to the Council under clause 10.3 of this Schedule to meet its costs of carrying out Rectification Works; and
(ii) recover as a debt due to the Council by the Developer in a court of competent jurisdiction, any difference between the amount of the Bond or Bank Guarantee and the costs incurred by the Council in carrying out Rectification Works.
(i) The Developer must request that Council inspec...
Defects Liability and Maintenance Period. Clause 37 of the General Conditions refers to a Defects Liability Period. The Relevant Authorities require in addition to the responsibilities of the Contractor under Clause 37 of the General Conditions, Maintenance Works as specified in Clause 1.27 herein. The Defects Liability Period shall be concurrent with the Maintenance Period as specified and shall continue until such time as the Relevant Authorities certify that the works have been taken over, and the period shall be not less than twelve (12) months.