Common use of Rectification of Defects Clause in Contracts

Rectification of Defects. 16.1 Any defect in the Building which is notified to the Builder in writing within 45 days after Practical Completion, or within 12 months after completion of the Building Work if section 362Q of the Building Act 2004 applies to this Contract, shall be rectified by the Builder at the Builder's expense, within a reasonable time. The notification of any defect must be sufficiently detailed so that the Builder knows precisely what is required to be done. 16.2 In this Part 16 a “defect” means any fault or flaw in the Building Work or the Building which is sufficient to constitute a breach of the Builder’s obligations under clause 2.1 or any implied warranties or guarantees, and “rectified” means remedied, re-done, fixed or completed so that the relevant item complies with those obligations. Defects do not include: a) Mere cosmetic blemishes, imperfections, or trivial faults or flaws that are within the tolerances normally regarded as acceptable according to common trade practice. Sample b) Any failure to achieve standards of finish or detail that are beyond what is required by the Contract Documents (subject to any Variations) and (if applicable) the relevant Building Consent. c) Any fault or flaw that is attributable to the acts or omissions of, or materials supplied by, anyone who has contracted directly with the Owner. d) Any fault or flaw that is attributable to any event or occurrence beyond the Builder’s reasonable control or the acts or omissions of anyone for whom the Builder is not responsible. e) Any fault or flaw that is attributable to fair wear and tear, or any failure by the Owner to adequately maintain, preserve, protect and care for the Building. 16.3 The Builder is both obliged and entitled to rectify any defects in accordance with clause 16.1. The Owner must give the Builder a reasonable opportunity to rectify any defects that are notified in accordance with that clause and shall not engage anyone else to do so unless and until a reasonable time has elapsed and the Owner has given the Builder at least 20 Working Days’ notice of the Owner’s intention to engage someone else, or the Builder has permanently and unequivocally abandoned the Project.

Rectification of Defects. 16.1 Any defect in the Building which is notified to the Builder in writing within 45 days after Practical Completion, or within 12 months after completion of the Building Work if section 362Q of the Building Act 2004 applies to this Contract, shall be rectified by the Builder at the Builder's ’s expense, within a reasonable time. The notification of any defect must be sufficiently detailed so that the Builder knows precisely what is required to be done. 16.2 In this Part 16 a “defect” means any fault or flaw in the Building Work or the Building which is sufficient to constitute a breach of the Builder’s obligations under clause 2.1 or any implied warranties or guarantees, and “rectified” means remedied, re-done, fixed or completed so that the relevant item complies with those obligations. Defects do not include: a) Mere cosmetic blemishes, imperfections, or trivial faults or flaws that are within the tolerances normally regarded as acceptable according to common trade practice. Sample. b) Any failure to achieve standards of finish or detail that are beyond what is required by the Contract Documents (subject to any Variations) and (if applicable) the relevant Building Consent. c) Any fault or flaw that is attributable to the acts or omissions of, or materials supplied by, anyone who has contracted directly with the Owner. d) Any fault or flaw that is attributable to any event or occurrence beyond the Builder’s reasonable control or the acts or omissions of anyone for whom the Builder is not responsible. e) Any fault or flaw that is attributable to fair wear and tear, or any failure by the Owner to adequately maintain, preserve, protect and care for the Building. 16.3 The Builder is both obliged and entitled to rectify any defects in accordance with clause 16.1. The Owner must give the Builder a reasonable opportunity to rectify any defects that are notified in accordance with that clause and shall not engage anyone else to do so unless and until a reasonable time has elapsed and the Owner has given the Builder at least 20 Working Days’ notice of the Owner’s intention to engage someone else, or the Builder has permanently and unequivocally abandoned the Project.

Rectification of Defects. 16.1 17.1 Any defect in the Building which is notified to the Builder in writing within 45 days after Practical Completion, or within 12 months after completion of the Building Work if section 362Q of the Building Act 2004 applies to this Contract, shall be rectified by the Builder at the Builder's expense, within a reasonable time. The notification of any defect must be sufficiently detailed so that the Builder knows precisely what is required to be done.. Sample 16.2 17.2 In this Part 16 17 a “defect” means any fault or flaw in the Building Work or the Building which is sufficient to constitute a breach of the Builder’s obligations under clause clauses 2.1 and 2.2 of this Contract or any implied warranties or guarantees, and “rectified” means remedied, re-done, fixed or completed so that the relevant item complies with those obligations. Defects do not include: a) Mere cosmetic blemishes, imperfections, or trivial faults or flaws that are within the tolerances normally regarded as acceptable according to common trade practice. Sample. b) Any failure to achieve standards of finish or detail that are beyond what is required by the Contract Documents (subject to any Variations) and (if applicable) the relevant Building Consent. c) Any fault or flaw that is attributable to the acts or omissions of, or materials supplied by, anyone who has contracted directly with the Owner. d) Any fault or flaw that is attributable to any event or occurrence beyond the Builder’s reasonable control or the acts or omissions of anyone for whom the Builder is not responsible. e) Any fault or flaw that is attributable to fair wear and tear, or any failure by the Owner to adequately maintain, preserve, protect and care for the Building. 16.3 17.3 The Builder is both obliged and entitled to rectify any defects in accordance with clause 16.117.1. The Owner must give the Builder a reasonable opportunity to rectify any defects that are notified in accordance with that clause and shall not engage anyone else to do so unless and until a reasonable time has elapsed and the Owner has given the Builder at least 20 Working Days’ Days notice of the Owner’s intention to engage someone else, or the Builder has permanently and unequivocally abandoned the Project. If the Owner engages someone else to rectify any defects when the Owner is not entitled to do so, then without prejudice to the Builder’s other rights and remedies: a) the Builder shall be entitled to cancel this Contract; b) the Builder shall not be obliged to provide any information or documentation or take any other action necessary to enable a Code Compliance Certificate to be issued in respect of the Building Work, except that any Licensed Building Practitioner engaged by the Builder shall remain obliged to provide a Record of Work in relation to any Restricted Building Work carried out or supervised by that Licensed Building Practitioner; and c) the Builder shall be immediately discharged from any further obligation or liability in respect of the Building, the Building Work and this Contract. 17.4 Any period during which the Building Work has been suspended as a consequence of Owner’s default shall not be counted when calculating what is a reasonable time for rectification, and any such suspension shall not be construed as a permanent and unequivocal abandonment.

Rectification of Defects. 16.1 19.1 Any defect in the Building which is notified to the Builder in writing within 45 days after Practical Completion, or within 12 months after completion of the Building Work if section 362Q of the Building Act 2004 applies to this Contract, shall be rectified by the Builder at the Builder's expense, within a reasonable time. The notification of any defect must be sufficiently detailed so that the Builder knows precisely what is required to be done. 16.2 19.2 In this Part 16 19 a “defect” means any fault or flaw in the Building Work or the Building which is sufficient to constitute a breach of the Builder’s obligations under clause clauses 2.1 and 2.2 of this Contract or any implied warranties or guarantees, and “rectified” means remedied, re-done, fixed or completed so that the relevant item complies with those obligations. Defects do not include: a) Mere cosmetic blemishes, imperfections, or trivial faults or flaws that are within the tolerances normally regarded as acceptable according to common trade practice. Sample. b) Any failure to achieve standards of finish or detail that are beyond what is required by the Contract Documents (subject to any Variations) and (if applicable) the relevant Building Consent. c) Any fault or flaw that is attributable to the acts or omissions of, or materials supplied by, anyone who has contracted directly with the Owner. d) Any fault or flaw that is attributable to any event or occurrence beyond the Builder’s reasonable control or the acts or omissions of anyone for whom the Builder is not responsible. e) Any fault or flaw that is attributable to fair wear and tear, or any failure by the Owner to adequately maintain, preserve, protect and care for the Building. 16.3 19.3 The Builder is both obliged and entitled to rectify any defects in accordance with clause 16.119.1. The Owner must give the Builder a reasonable opportunity to rectify any defects that are notified in accordance with that clause and shall not engage anyone else to do so unless and until a reasonable time has elapsed and the Owner has given the Builder at least 20 Working Days’ Days notice of the Owner’s intention to engage someone else, or the Builder has permanently and unequivocally abandoned the Project. If the Owner engages someone else to rectify any defects when the Owner is not entitled to do so, then without prejudice to the Builder’s other rights and remedies: a) the Builder shall be entitled to cancel this Contract; b) the Builder shall not be obliged to provide any information or documentation or take any other action necessary to enable a Code Compliance Certificate to be issued in respect of the Building Work, except that any Licensed Building Practitioner engaged by the Builder shall remain obliged to provide a Record of Work in relation to any Restricted Building Work carried out or supervised by that Licensed Building Practitioner; and c) the Builder shall be immediately discharged from any further obligation or liability in respect of the Building, the Building Work and this Contract. 19.4 Any period during which the Building Work has been suspended as a consequence of Owner’s default shall not be counted when calculating what is a reasonable time for rectification, and any such suspension shall not be construed as a permanent and unequivocal abandonment.

Rectification of Defects. 16.1 18.1 Any defect in the Building which is notified to the Builder in writing within 45 days after Practical Completion, or within 12 months after completion of the Building Work if section 362Q of the Building Act 2004 applies to this Contract, shall be rectified by the Builder at the Builder's expense, within a reasonable time. The notification of any defect must be sufficiently detailed so that the Builder knows precisely what is required to be done. 16.2 18.2 In this Part 16 18 a “defect” means any fault or flaw in the Building Work or the Building which is sufficient to constitute a breach of the Builder’s obligations under clause clauses 2.1 and 2.2 of this Contract or any implied warranties or guarantees, and “rectified” means remedied, re-done, fixed or completed so that the relevant item complies with those obligations. Defects do not include: a) Mere cosmetic blemishes, imperfections, or trivial faults or flaws that are within the tolerances normally regarded as acceptable according to common trade practice. Sample. b) Any failure to achieve standards of finish or detail that are beyond what is required by the Contract Documents (subject to any Variations) and (if applicable) the relevant Building Consent. c) Any fault or flaw that is attributable to the acts or omissions of, or materials supplied by, anyone who has contracted directly with the Owner. d) Any fault or flaw that is attributable to any event or occurrence beyond the Builder’s reasonable control or the acts or omissions of anyone for whom the Builder is not responsible. e) Any fault or flaw that is attributable to fair wear and tear, or any failure by the Owner to adequately maintain, preserve, protect and care for the Building. 16.3 18.3 The Builder is both obliged and entitled to rectify any defects in accordance with clause 16.118.1. The Owner must give the Builder a reasonable opportunity to rectify any defects that are notified in accordance with that clause and shall not engage anyone else to do so unless and until a reasonable time has elapsed and the Owner has given the Builder at least 20 Working Days’ Days notice of the Owner’s intention to engage someone else, or the Builder has permanently and unequivocally abandoned the Project. If the Owner engages someone else to rectify any defects when the Owner is not entitled to do so, then without prejudice to the Builder’s other rights and remedies: a) the Builder shall be entitled to cancel this Contract; b) the Builder shall not be obliged to provide any information or documentation or take any other action necessary to enable a Code Compliance Certificate to be issued in respect of the Building Work, except that any Licensed Building Practitioner engaged by the Builder shall remain obliged to provide a Record of Work in relation to any Restricted Building Work carried out or supervised by that Licensed Building Practitioner; and c) the Builder shall be immediately discharged from any further obligation or liability in respect of the Building, the Building Work and this Contract. 18.4 Any period during which the Building Work has been suspended as a consequence of Owner’s default shall not be counted when calculating what is a reasonable time for rectification, and any such suspension shall not be construed as a permanent and unequivocal abandonment.