Construction Law/Warranty period


Dear Sir,

Kindly advice how to solve or deal with this problem

The sub contractor send a warranty certificate beginning from the date of original factory shipment, and the consultant strict with the contract .
The contract mentioned clearly that the warranty of 10 years from the date of substantial completion certificate.

the contract is not FIDIC however i would like to give a hint about How  FIDIC  dealing with this problem.

Thank you

Thank you

Dear Mohamed,

It is not a FIDIC problem but rather a contract problem.  It is apparent that there are two contracts which are not back to back.  Your contract is with the main contractor and specifies a warranty from the date of substantial completion.  The Contractor has a contract with his subcontractor which allows warranty from the date of shipment.  The Contractor must extend the warranty.  He may wish to cover the difference between the specified risk and the actual warranty with an insurance policy, of he may wish to pay the supplier for the extended risk.  However, it is the problem of the Contractor to solve.  Alternatively, you may wish to insure the extended risk yourself and deduct the cost from payments to the Contractor.  However, you must have the Contractor's agreement before you make any payments.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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