11.1 THE DEFECTS NOTIFICATION PERIOD

4.11.1 The Defects Notification Period: Clauses 11.1 to 11.3

The Defects Notification Period (or DNP) is the period following Taking Over

when the Contractor is to rectify defective works and complete outstanding

items of work notified to him during the period. The notification period is 12

months, unless stated otherwise, from the date of completion stated in the

TOC for the works (or section).

The contracts ’ intention is that at or soon after expiry of the DNP the works

will be delivered to the Employer in the condition required by the contract,

‘

fair wear and tear excepted ’.

¹⁰

By clause 11.2, the Contractor is required at his own cost to rectify or

complete any defect or notified incomplete item of work attributable to:

●

the design of the works;

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plant, materials or workmanship not in accordance with the contract;

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improper operation or maintenance for which the Contractor is responsible;

●

failure of the Contractor to comply with any other obligation.

If the notified defect or incomplete work is attributable to any other cause

then the Contractor is entitled to have the work involved in rectifying or com-

pleting the relevant item treated as a variation under clause 13 (see section 4.13).