Construction Law/Clause 16.2

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Question
I am Contacting you to inquire about an issue related to Defects Liability Guarantee in the case of Termination by  Contractor as clause 16.2 in Fidic 1999 Red book in this case ،
The Employer substantially fails to perform his obligations under the Contract in Financial Arrangements as clause 16.2.a , So the Contractor notice to the Employer to terminate the Contract , The two parties ( The Employer and The Contractor ) agreed to Termination the Contract and Calculate all the works Executed , to be paid at contract prices ,
The Question is ,
Does the contractor is required to Submit the Defects Liability Guarantee of these works Executed , for one year from the date of Taking Over of the Works .
Best Regards

Answer
Dear Hamza,

Please check If you  have any special clause for Defects Liability Period (DLP) in your contract particular applications. If not than DLP is part of the Contract and when the Contract is terminated Employer shall issue a final certificate which means that there is no more responsibility of Contractor about the Contract and for DLP.

Regards

Daniel

Construction Law

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Daniel Kazado

Expertise

I can answer questions related with FIDIC contracts.

Experience

10 years as Contract Manager for FIDIC contracts.

Education/Credentials
Mechanical Engineer
Contract Management - Basic Principles Certificate. Construction Contracts and Dispute Resolution Certificate. Contract Administration - FIDIC Certificate.

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