Common use of Defects Liability Clause in Contracts

Defects Liability. 13.1 For the purposes of this agreement, except where expressly stated otherwise, 14 (fourteen) days after the date of completion shall be the due date for payment of the final instalment by the Employer to the Contractor (exclusive of the retention referred to in clause 9 above). 13.2 Upon completion of the works and payment of the final instalment the Employer shall take possession of and inspect the Works and provide the Contractor with a final written list within 7 (seven) days of any work still to be competed and/or defects to be remedied. The defects liability period shall commence from the date of completion. Any dispute regarding the defects list shall be submitted to the Architect who shall adjudicate thereon, and whose decision shall be final and binding on both parties. 13.3 The Contractor shall, within 30 (thirty) days after receipt of the notice of defects referred to in clause 13.2, at its own costs, remedy such defects which it is, after examination thereof, satisfied that it: 13.3.1 is due to defects in the materials, design or workmanship; 13.3.2 have not been caused by any alterations, variations or modifications to the materials or the building caused by the Employer; 13.3.3 have not arisen from neglect or misuse by the Employer; 13.3.4 which is not in accordance with the drawings and schedules as amended by any variation agreements or orders. 13.4 The Contractor shall however not be liable for: 13.4.1 damage or loss caused by misuse, negligence or abuse or accident or any risk insured against in terms of the insurance policy normally used by Banks in respect of a mortgage bond over residential property 13.4.2 touch-up painting of any nature whatsoever; 13.4.3 hairline cracks in the plaster work. 13.5 Should the Employer fail to give the said notice timeously and within the period stipulated, it shall be regarded that the building has been built and completed in accordance with the drawings and specifications to the satisfaction of the Employer and the Employer shall be deemed to have accepted the building in good order and condition and the Contractor shall be discharged from its obligations hereunder with no further liability towards the Employer and the Employer shall have no further claim whatsoever against the Contractor. 13.6 Should the Employer fail to notify the Contraction within the period provided, of a defect in the materials or the building works of which he could reasonably have been expected to have knowledge of, the Contractor shall notwithstanding any conditions contained herein to the contrary, have no liability towards the Employer. 13.7 If any work of whatsoever nature is still required to be done to the works the Employer shall not be entitled to withhold, set off or retain any amounts owning by the Employer to the Contractor nor shall the Employer be entitled to withhold or xxxxx payment of any amount due to the Contractor in terms of this agreement by reason of any breach or alleged breach of the Contractor’s obligations hereunder. 13.8 Insofar as the Contractor has received warranties from sub-contractors/nominated subcontractors/suppliers and a defect in the works manifests itself in that regard the Contractor shall, upon request by the Employer, or at the election of the Contractor cede its rights in such warranty to the Employer to the extent that the terms of such warranty do not preclude such cession and upon cession as aforementioned the Employer shall have no further claim against the Contractor arising from such defect. 13.9 Notwithstanding anything to the contrary herein contained, the Contractor shall not be responsible for any loss or damage which the Employer may suffer by any act or omission whatsoever or neglect on the part of the Contractor, its servants, employees, agents or invitees, nor shall the Contractor be responsible for any loss or damage of any description whether to the property or person which the Employer or any other person may suffer by reason of the works at any time falling into a defective state or by reason of any repairs to the remainder of the development which are to be effected by the Contractor or any other occupant thereof not being effected timeously or at all, and the Employer shall not be entitled for any of the said reasons or for any other reason whatsoever to withhold payment of any monies due to the Contractor in terms hereof. 13.10 Any patent defects, shrinkage or other faults which may appear within 3 (THREE) months after practical completion of the Works due to materials or workmanship not in accordance with this contract, or to faults occurring before completion of the works, shall within a reasonable time after receipt of the Employer’s written instructions be made good by the Contractor and, unless otherwise mutually agreed upon, at his own cost provided that the Contractor shall not be required to make good at his own cost any damage by frost which may appear after completion, unless it is agreed that such damage occurred before completion. 13.11 The Contractor shall, however, not be liable under any circumstances whatever for any faults or defects or consequential damage resulting from surface or storm water, ground containing clay, geological disturbances and adverse subsoil conditions. 13.12 Any leakage in the roof and any damage to the Works caused thereby, arising from the faulty materials or workmanship, occurring within a period of 3 (three) months after completion of the Works, shall be made good by the contractor at his own cost. Such remedial work shall be undertaken within a reasonable time after receipt of the Employer’s written notification. 13.13 The Contractor shall be responsible in terms of the preceding paragraph only for damages sustained by the Employer under conditions of normal use and service and shall under no circumstances be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse or accident or in respect of or arising from any risk insured against in terms of owners’ insurance policies normally issued by a Namibian insurance company in respect of residential properties; and the Contractor shall under no circumstances be liable for any consequential loss or damage.

Defects Liability. 13.1 For the purposes of this agreement, except where expressly stated otherwise, 14 (fourteen) days after the date of completion shall be the due date for payment of the final instalment by the Employer to the Contractor (exclusive of the retention referred to in clause 9 above). 13.2 Upon completion of the works and payment of the final instalment the Employer shall take possession of and inspect the Works and provide the Contractor with a final written list within 7 (seven) days of any work still to be competed and/or defects to be remedied. The defects liability period shall commence from the date of completion. Any dispute regarding the defects list shall be submitted to the Architect who shall adjudicate thereon, and whose decision shall be final and binding on both parties. 13.3 The Contractor shall, within 30 (thirty) days after receipt of the notice of defects referred to in clause 13.2, at its own costs, remedy such defects which it is, after examination thereof, satisfied that it: 13.3.1 is due to defects in the materials, design or workmanship; 13.3.2 have not been caused by any alterations, variations or modifications to the materials or the building caused by the Employer; 13.3.3 have not arisen from neglect or misuse by the Employer; 13.3.4 which is not in accordance with the drawings and schedules as amended by any variation agreements or orders. 13.4 The Contractor shall however not be liable for: 13.4.1 damage or loss caused by misuse, negligence or abuse or accident or any risk insured against in terms of the insurance policy normally used by Banks in respect of a mortgage bond over residential property 13.4.2 touch-up painting of any nature whatsoever; 13.4.3 hairline cracks in the plaster work. 13.5 Should the Employer fail to give the said notice timeously and within the period stipulated, it shall be regarded that the building has been built and completed in accordance with the drawings and specifications to the satisfaction of the Employer and the Employer shall be deemed to have accepted the building in good order and condition and the Contractor shall be discharged from its obligations hereunder with no further liability towards the Employer and the Employer shall have no further claim whatsoever against the Contractor. 13.6 Should the Employer fail to notify the Contraction within the period provided, of a defect in the materials or the building works of which he could reasonably have been expected to have knowledge of, the Contractor shall notwithstanding any conditions contained herein to the contrary, have no liability towards the Employer. 13.7 If any work of whatsoever nature is still required to be done to the works the Employer shall not be entitled to withhold, set off or retain any amounts owning by the Employer to the Contractor nor shall the Employer be entitled to withhold or xxxxx payment of any amount due to the Contractor in terms of this agreement by reason of any breach or alleged breach of the Contractor’s obligations hereunder. 13.8 Insofar as the Contractor has received warranties from sub-contractors/nominated subcontractors/suppliers and a defect in the works manifests itself in that regard the Contractor shall, upon request by the Employer, or at the election of the Contractor cede its rights in such warranty to the Employer to the extent that the terms of such warranty do not preclude such cession and upon cession as aforementioned the Employer shall have no further claim against the Contractor arising from such defect. 13.9 Notwithstanding anything to the contrary herein contained, the Contractor shall not be responsible for any loss or damage which the Employer may suffer by any act or omission whatsoever or neglect on the part of the Contractor, its servants, employees, agents or invitees, nor shall the Contractor be responsible for any loss or damage of any description whether to the property or person which the Employer or any other person may suffer by reason of the works at any time falling into a defective state or by reason of any repairs to the remainder of the development which are to be effected by the Contractor or any other occupant thereof not being effected timeously or at all, and the Employer shall not be entitled for any of the said reasons or for any other reason whatsoever to withhold payment of any monies due to the Contractor in terms hereof. 13.10 Any patent defects, shrinkage or other faults which may appear within 3 (THREE) months after practical completion of the Works due to materials or workmanship not in accordance with this contract, or to faults occurring before completion of the works, shall within a reasonable time after receipt of the Employer’s written instructions be made good by the Contractor and, unless otherwise mutually agreed upon, at his own cost provided that the Contractor shall not be required to make good at his own cost any damage by frost which may appear after completion, unless it is agreed that such damage occurred before completion. 13.11 The Contractor shall, however, not be liable under any circumstances whatever for any faults or defects or consequential damage resulting from surface or storm water, ground containing clay, geological disturbances and adverse subsoil conditions. 13.12 Any leakage in the roof and any damage to the Works caused thereby, arising from form the faulty materials or workmanship, occurring within a period of 3 (three) months after completion of the Works, shall be made good by the contractor at his own cost. Such remedial work shall be undertaken within a reasonable time after receipt of the Employer’s written notification. 13.13 The Contractor shall be responsible in terms of the preceding paragraph only for damages sustained by the Employer under conditions of normal use and service and shall under no circumstances be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse or accident or in respect of or arising from any risk insured against in terms of owners’ insurance policies normally issued by a Namibian insurance company in respect of residential properties; and the Contractor shall under no circumstances be liable for any consequential loss or damage.

Defects Liability. 13.1 For the purposes of this agreement, except where expressly stated otherwise, 14 10.1 Within 10 (fourteenten) days after the date of completion shall be the due date for payment of the final instalment by the Employer to the Contractor (exclusive of the retention referred to in clause 9 above). 13.2 Upon completion of the works and payment of the final instalment Occupation Date, the Employer shall take possession of and inspect the Works and provide the Contractor with a final single, comprehensive written list within 7 (seven) days of any work still to be competed completed and/or defects to be remedied. The defects liability period shall commence from the date of completion. Any dispute regarding the defects list shall be submitted to the Architect who shall adjudicate thereon, and whose decision shall be final and binding on both parties. 13.3 The Contractor shall, within 30 (thirty) days after receipt of the notice of defects referred to in clause 13.2, at its own costs, remedy such defects which it is, after examination thereof, satisfied that it: 13.3.1 is due to defects in the materials, design or workmanship; 13.3.2 have not been caused by any alterations, variations or modifications to the materials or the building caused by the Employer; 13.3.3 have not arisen from neglect or misuse by the Employer; 13.3.4 which is not in accordance with the drawings and schedules as amended by any variation agreements or orders. 13.4 The Contractor shall however not be liable for: 13.4.1 damage or loss caused by misuseremedy said defects as soon as is reasonably possible, negligence or abuse or accident or any risk insured against in terms of the insurance policy normally used by Banks in respect of a mortgage bond over residential property 13.4.2 touch-up painting of any nature whatsoever; 13.4.3 hairline cracks in the plaster work. 13.5 Should the Employer fail to give the said notice timeously and within the period stipulated, it shall be regarded that the building has been built and completed in accordance with the drawings and specifications to the satisfaction of the Employer and whereupon the Employer shall immediately pay any outstanding amounts to the Contractor 10.2 The Contractors liability to remedy any patent defects shall be deemed restricted to have accepted as and from the building in good order and condition and day upon which the Employer provides the Contractor shall be discharged from its obligations hereunder with no further liability towards the Employer and the Employer shall have no further claim whatsoever against the Contractorcomprehensive written list of patent defects described in clause 10.1 above. 13.6 Should 10.3 Notwithstanding the Employer fail to notify the Contraction within the period provided, of a defect in the materials or the building works of which he could reasonably have been expected to have knowledge ofaforegoing, the Contractor shall notwithstanding any conditions contained herein to will honour the contrary, have no liability towards the Employer. 13.7 If any work of whatsoever nature is still required to be done to the works the Employer shall not be entitled to withhold, set off or retain any amounts owning Standard Home Builders Warranty prescribed by the Employer to the Contractor nor shall the Employer be entitled to withhold or xxxxx payment of any amount due to the Contractor in terms of this agreement by reason of any breach or alleged breach of the Contractor’s obligations hereunder.National Home Builders Regulation Council ("NHBRC") 13.8 Insofar as the Contractor has received warranties from sub-contractors/nominated subcontractors/suppliers and a defect in the works manifests itself in that regard the Contractor shall, upon request by the Employer, or at the election of the Contractor cede its rights in such warranty to the Employer to the extent that the terms of such warranty do not preclude such cession and upon cession as aforementioned the Employer shall have no further claim against the Contractor arising from such defect. 13.9 Notwithstanding anything to the contrary herein contained, the 10.4 The Contractor shall not be responsible for any damage or loss caused by wear and tear, misuse, neglect, negligence, or damage which the Employer may suffer by any act or omission whatsoever or neglect on the part of the Contractor, its servants, employees, agents or invitees, nor shall the Contractor be responsible for any loss or damage of any description whether to the property or person which the Employer or any other person may suffer by reason of the works at any time falling into a defective state or by reason of any repairs to the remainder of the development which are to be effected accident unless caused by the Contractor or any other occupant thereof not being effected timeously or at all, and the Employer shall not be entitled those for any of the said reasons or for any other reason whatsoever to withhold payment of any monies due to the Contractor in terms hereofwhom he is responsible. 13.10 Any patent defects, shrinkage or other faults which may appear within 3 (THREE) months after practical completion of the Works due to materials or workmanship not in accordance with this contract, or to faults occurring before completion of the works, shall within a reasonable time after receipt of the Employer’s written instructions be made good by the Contractor and, unless otherwise mutually agreed upon, at his own cost provided that the 10.5 The Contractor shall not be required to make good at his own cost liable for any damage defect in any materials or goods supplied by frost which may appear after completion, unless it is agreed that such damage occurred before completionthe Employer for incorporation in the Works. 13.11 The Contractor shall, however, not be liable under any circumstances whatever for any faults or defects or consequential damage resulting from surface or storm water, ground containing clay, geological disturbances and adverse subsoil conditions. 13.12 10.6 Any leakage in the roof and any damage to the Works caused thereby, arising from the faulty materials or workmanship, occurring within a period of 3 12 (threetwelve) calendar months after completion Practical Completion of the Works, shall be made good by the contractor Contractor at his own cost. Such remedial work shall be undertaken within a reasonable time after receipt of the Employer’s 's written notification. 13.13 10.7 The Contractor shall be responsible in terms of the preceding paragraph only for damages sustained by the Employer under conditions of normal use and service and shall under no circumstances not be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse or accident or any latent defects in respect of or arising the Works, except where the Employer has notified the Contractor in writing of such defects within a period of 1 (one) year from any risk insured against in terms the date of owners’ insurance policies normally issued by a Namibian insurance company Practical Completion. The Employer hereby indemnifies the Contractor in respect of residential properties; and any liability for latent defects beyond such period. 10.8 The Employer shall provide the Contractor shall with reasonable access to the Works in order to enable him to fulfil his obligations under no circumstances be liable for any consequential loss or damage10.0 hereof.