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CONSTRUCTION DEFECTS




                  Construction  defects  are  inevitable  in  construction  project
                  delivery  and  are  usually  contentious  between  the  employer
                  and  the  contractor/subcontractor.  It  is  the  unacceptable
                  quality of a project which can be identified and remedied. It
                  also  means  as  work  that  fell  short  of  complying  with  the
                  express  description  or  requirement  of  the  contract,
                  especially  any  drawing  or  Specification  together  with  any
                  implied  term  and  condition  as  to  its  quality,  workmanship,
                  durability, aesthetic, performance, or design.




                  Therefore,  the  project  faces  the  defect  work  generally
                  resulting  in  a  structure  that  annot  perform  its  original
                  intended roles.




             DUTIES OF CONTRACTOR










                 In  a  construction  contract,  contractor  undertaking  to  do
                 work and supply materials implies undertakes:


                 To  do  the  work  undertaken  with  care  and  skill  or  as
                 sometimes  expressed  in  a  'workmanlike  a  manner'  To  use
                 material  of  good  quality.  The  materials  described  expressly
                 this will mean good of their express 'free from defect’


                 To  use  material  of  good  quality.  The  material  is  of  good
                 quality.  The  materials  described  expressly  this  will  mean
                 good of their express ‘’ free from defect ‘’


                 That both the workmanship and material will be reasonably
                 ‘fit  for  the  purpose  for  which  they  are  required  unless  the
                 circumstances of the contract exclude any such obligation


                 Issuance of the certificates bring the contractor’s obligation
                 to  end  and  only  defects  due  to  workmanship  and  materials
                 not in accordance with the contract are required to be made
                 good at the contractor cost .










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