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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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