Extension of Defects Liability Period. If: the Contractor’s Representative gives the Subcontractor an instruction under clause 9.6(a) or (b) during the Defects Liability Period; and the 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 Subcontract Particulars, commencing upon completion of the correction of the Defect (or the relevant part) or completion of the Variation. Neither the Contractor’s rights nor the Subcontractor’s liability, whether under the 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 Contractor or Contractor’s Representative by clause 9 or any other provision of the Subcontract; the failure by the Contractor or the Contractor’s Representative to exercise any such rights; or any instruction of the Contractor’s Representative under clause 9.6.
Appears in 3 contracts
Samples: Major Works Subcontract, Major Works Subcontract, Major Works Subcontract
Extension of Defects Liability Period. If: the Contractor’s Representative gives the Subcontractor an instruction under clause 9.6(a) or (b) during the Defects Liability Period; and the 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 specified in the Subcontract Particulars, commencing upon completion of the correction of the Defect (or the relevant part) or completion of the Variation. Neither the Contractor’s rights nor the Subcontractor’s liability, whether obligations under the Subcontract or otherwise according to at law or in equity 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 Contractor or Contractor’s Representative by clause 9 or any other provision of the Subcontract; the failure by the Contractor or the Contractor’s Representative to exercise any such rights; or any instruction of the Contractor’s Representative under clause 9.6.
Appears in 1 contract
Samples: Major Works Subcontract
Extension of Defects Liability Period. If: the Contractor’s 's Representative gives the Subcontractor an instruction under clause 9.6(a) or (b) during the Defects Liability Period; and the 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 Subcontract Particulars, commencing upon completion of the correction of the Defect (or the relevant part) or completion of the Variation. Neither the Contractor’s rights 's rights, nor the Subcontractor’s 's liability, whether under the 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 Contractor or Contractor’s 's Representative by this clause 9 or any other provision of the Subcontract; the failure by the Contractor or the Contractor’s 's Representative to exercise any such rights; or any instruction of the Contractor’s 's Representative under clause 9.6.
Appears in 1 contract
Samples: Major Works Subcontract