Common use of Extension of Defects Liability Period Clause in Contracts

Extension of Defects Liability Period. If: the Contract Administrator gives the Contractor an instruction under clause 9.6(a) or (b) during the Defects Liability Period; and the Contractor is responsible for the Defect (or the relevant part), the Defects Liability Period will be extended for the work required by the instruction by the period set out in the Contract Particulars, commencing upon completion of the correction of the Defect (or the relevant part) or completion of the Variation. Common Law Rights not Affected Neither the Commonwealth's rights, nor the Contractor's liability, whether under the Contract or otherwise according to law in respect of Defects, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Commonwealth or Contract Administrator by clause 9 or any other provision of the Contract; the failure by the Commonwealth or the Contract Administrator to exercise any such rights; or any instruction of the Contract Administrator under clause 9.6.

Appears in 8 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Extension of Defects Liability Period. If: the Contract Administrator Contractor’s Representative gives the Contractor Subcontractor an instruction under clause 9.6(a) or (b) during the Defects Liability Period; and the Contractor Subcontractor is responsible for the Defect (or the relevant part), the Defects Liability Period will be extended for the work required by the instruction by the period set out in the Contract Subcontract Particulars, commencing upon completion of the correction of the Defect (or the relevant part) or completion of the Variation. Common Law Rights not Affected Neither the Commonwealth's rights, Contractor’s rights nor the Contractor's Subcontractor’s liability, whether under the Contract Subcontract or otherwise according to law in respect of Defects, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Commonwealth Contractor or Contract Administrator Contractor’s Representative by clause 9 or any other provision of the ContractSubcontract; the failure by the Commonwealth Contractor or the Contract Administrator Contractor’s Representative to exercise any such rights; or any instruction of the Contract Administrator Contractor’s Representative under clause 9.6.

Appears in 3 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

Extension of Defects Liability Period. If: the Contract Administrator Contractor's Representative gives the Contractor Subcontractor an instruction under clause 9.6(a(a) or (b) during the Defects Liability Period; and the Contractor Subcontractor is responsible for the Defect (or the relevant part), the Defects Liability Period will be extended for the work required by the instruction by the period set out in the Contract Subcontract Particulars, commencing upon completion of the correction of the Defect (or the relevant part) or completion of the Variation. Common Law Rights not Affected Neither the CommonwealthContractor's rights, nor the ContractorSubcontractor's liability, whether under the Contract Subcontract or otherwise according to law in respect of Defects, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Commonwealth Contractor or Contract Administrator Contractor's Representative by this clause 9 9. or any other provision of the ContractSubcontract; the failure by the Commonwealth Contractor or the Contract Administrator Contractor's Representative to exercise any such rights; or any instruction of the Contract Administrator Contractor's Representative under clause 9.6.

Appears in 1 contract

Samples: Formal Agreement

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Extension of Defects Liability Period. If: the Contract Administrator gives the Contractor an instruction under clause 9.6(a) or (b) during the Defects Liability Period; and the Contractor is responsible for the Defect (or the relevant part), the Defects Liability Period will be extended for the work required by the instruction by the period set out in the Contract Particulars, commencing upon completion of the correction of the Defect (or the relevant part) or completion of the Variation. Common Law Rights not Affected Neither the Commonwealth's rights, nor the Contractor's liability, whether under the Contract or otherwise according to law in respect of Defects, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: the rights conferred upon the Commonwealth or Contract Administrator by this clause 9 or any other provision of the Contract; the failure by the Commonwealth or the Contract Administrator to exercise any such rights; or any instruction of the Contract Administrator under clause 9.6.

Appears in 1 contract

Samples: Formal Agreement

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