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Construction Law/Rectification of defects before Defects Notification Period

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Question
Dear Bogdan,

My question relates to the Employer's rights when defects are found prior to the Defects Notification Period under FIDIC 1999, red book.

Assume that the Engineer finds defective workmanship during construction and rejects the work by giving notice under GCC sc7.5. The Contractor is then to "promptly make good the defect".

If however the Contractor does not remedy the defect "promptly" or "within a reasonable time", can the Employer give notice of a date by which the defect has to be rectified under sc 11.4, and if the Contractor fails to rectify by that date, can the Employer carry out the rectification work himself in accordance with 11.4 a)? As stated above, all this happens before the Defects Notification Period.

Sincerely
Andy

Answer
dear Sir
you are right as it is mentioned in your question
in addition the Employer can under sub-clause  to claim the cost of the repairs from the original contractor and the Engineer will act under sub-clause 3.5.
also the contract price will be reduced as determined by the Engineer
Best regards

Construction Law

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Bogdan Oprea

Expertise

I can answer to claims assesments under FIDIC 4 and under FIDIC red book; I can answer to procedural issues under FIDIC rules; DAB implementation DAB procedures, etc

Experience

8 years in consulting companies, road contracts (rehabilitation and new) more than 250 Milion Euro supervision Contracts

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