The Contractor shall be responsible for making good any defect in, or damage to, any part of the works which may appear or occur during the Defects Liability Period and which arises either from:
(uuuuuuuuuuu)the use of defective plant or materials or faulty workmanship or design of the Contractor; and/or
(vvvvvvvvvvv)any act or omission of the Contractor during the Defects Liability Period.
The Contractor shall at his own cost make good the defect or damage as soon as practicable. The Defects Liability Period for all items replaced or renewed shall recommence from the date when the replacement or renewal was made to the satisfaction of the Engineer. If the contract provides for partial acceptance, the Defects Liability Period shall be extended only for the part of the works affected by the replacement or renewal.
If any such defect appears or such damage occurs, during the period referred to in GCC Clause 88.1, the Public Body or the Engineer shall notify the Contractor. If the Contractor fails to remedy a defect or damage within the time limit stipulated in the notification, the Public Body may:
(wwwwwwwwwww)carry out the works himself, or employ someone else to carry out the works, at the Contractor's risk and cost, in which case the costs incurred by the Public Body shall be deducted from monies due to or from securities held against the Contractor or from both; or
(xxxxxxxxxxx)Terminate the Contract.
If the defect or damage is such that the Public Body has been deprived substantially of the whole or a part of the benefit of the works, the Public Body shall, without prejudice to any other remedy, be entitled to recover all sums paid in respect of the parts of the works concerned together with the cost of dismantling such parts and clearing the Site.
In case of emergency, where the Contractor cannot be reached immediately or, having been reached, is unable to take the measures required, the Public Body or the Engineer may have the work carried out at the expense of the Contractor. The Public Body or the Engineer shall as soon as practicable inform the Contractor of the action taken.
Where the SCC stipulates that the maintenance work, necessitated by normal wear and tear, shall be carried out by the Contractor, such work shall be paid for from a provisional sum. Deterioration resulting from the circumstances provided for in GCC Clause 44 or from abnormal use shall be excluded from this obligation unless it reveals a fault or defect justifying the request for repair or replacement under GCC Clause 88.
The defects liability shall be stipulated in the SCC. If the duration of the Defects Liability Period is not specified, it shall be 365 days. The Defects Liability Period shall commence on the date of provisional acceptance.
After provisional acceptance and without prejudice to the defects liability referred to in this GCC Clause, the Contractor shall no longer be responsible for risks which may affect the works and which result from causes not attributable to him. However, the Contractor shall be responsible as from the date of provisional acceptance for the soundness of the construction, as laid down in the in the Ethiopian law.
