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Construction Law/Defects Notification Period


Dear Sir!

We are working under FIDIC EPC 1999. Can you explain in detail with some examples the meaning of "FAIR WEAR AND TEAR EXCEPTEDbsk3h" used in sub clause 11.1.


Thank you for your question, Welcome back.

"FAIR WEAR AND TEAR" means a normal degrading of a product, due to regular usage.

For example, if you buy a new car and you have say, 5 years guarantee, it si normal to have your tires worn aut and that is not cover by the guarantee.

If your whole wheel comes off that is a defect.

If you'll get some scratches on the paint, that is fair wear and tear. But if you get rust on your car in a short number of years, that is a defect.

As such, signs of "worn aut" of Works that are due to normal usage are not defect, they are normal "fair wear and tear" and are exempted from being repaired by the Contractor, generally during the Defects Notification Period.

Trust that clarifies the matter.

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