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Construction Law/Defects to be attended with in the DFL period

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Question
Dear Mr.Sanjay
My question is as follows.

We are a contractor and carried out a pipe laying contract and completed successfully. The engineer has granted us substantial certificate and final certificate to be issued by now. We have completed the contract by 31st January 2012 and now we are in the DFL period.

Our contract is laying of PVC,DI pipes along roads which are been taking over by us from the respective authority (Road Development,Provincial council or Pradecia Saba etc) and complete the laying and testing and commissioning and hand over the road to the Authority Back.In that procedure we have completed more than 70 KM.

For a completed single stretch of about 70m on one completed road, there was a back filling materials were washed away due to rain and our layed pipes were exposed.

Now engineer has requested from us to rectify this damage and reimbursed the cost from our Contractor's all risk policy. My question is Can they instruct like this?.Please explain.

Thank You,
Engineer Jagath

Answer
Dear Jagath
Hello
In your question,Your contract was only for laying of pipe line only.The work was hand over after duly testing and commissioning.
There was back filling materials were washed out due to rain and pipes were exposed.Engineer has requested to you to rectify this damage and reimburse the cost.
Under contractor's obligation Engineer can instruct to rectify the defect or to execute the minor works and same may be reimbursed by the client after Engineers recommendation under contractor's risk policy.
With due regards
Sanjay Khandelwal

Construction Law

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Sanjay Khandelwal

Expertise

I can answer related to the various construction contracts forms related with disputes and claims.Expertise in to evalute the extension of time,cost and profit claims.I can answer regarding the contract management in civil works.

Experience

I have the experience of construction industry, as a consultants,executor of construction activities of infrastructure development like road and buildings. I have the experience of various software related to design of highways and quantity evaluation.

Organizations
I am life member of Indian Road Congress,INDIA I am presently employed with M/s Lion Engineering Consultants,INDIA

Education/Credentials
My educational qualifications are as below: I am engineering graduate from MITS, INDIA,1987 I have completed my Post graduation from NIT,INDIA,2011

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