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Englishsz Posted 17 years ago
Grammar
Typo?
4.3 Decennial Liability
The Subcontractor shall be liable for and remedy and correct all errors, omissions or negligence of his part and in particular he shall be liable for any structural defects which could render the Subcontract Works improper to their purpose in the construction of any part of the Subcontract Works where such defects become apparent during the period of ten years from the issue of the Subcontractor's Taking-Over Certificate. The Subcontractor shall not have such liability for the defects in materials ( including concrete and steel reinforcement bar) and the design of permanent works which shall not be provided by the Subcontractor. Notwithstanding any other provision of the Subcontract, the liability of the Subcontractor shall in any event be limited to the cost of rectification of the Subcontract Works during this period of ten years from the issue of the Subcontractor's Taking-Over Certificate. The approval of the Engineer or Contractor shall not in any way absolve or relieve the Subcontractor from any such obligation, responsibility or libility.
For the avoidance of doubt, it is hereby acknowledged and agreed that, for the purposes of this Contract:
1. the references in Clause 4.3 of the General Conditions to 'errors, omissions or negligence' and 'error, omission or negligence' each include any breach of the contract by the Subcontractor howsoever breach arises.
In the red text,
1.Why 'General Conditions' is capitalilzed? This expression doesn't appear in the above context.
2.Why use 'to' next to 'General Conditions', should it be 'of'?
Many thanks!
The Subcontractor shall be liable for and remedy and correct all errors, omissions or negligence of his part and in particular he shall be liable for any structural defects which could render the Subcontract Works improper to their purpose in the construction of any part of the Subcontract Works where such defects become apparent during the period of ten years from the issue of the Subcontractor's Taking-Over Certificate. The Subcontractor shall not have such liability for the defects in materials ( including concrete and steel reinforcement bar) and the design of permanent works which shall not be provided by the Subcontractor. Notwithstanding any other provision of the Subcontract, the liability of the Subcontractor shall in any event be limited to the cost of rectification of the Subcontract Works during this period of ten years from the issue of the Subcontractor's Taking-Over Certificate. The approval of the Engineer or Contractor shall not in any way absolve or relieve the Subcontractor from any such obligation, responsibility or libility.
For the avoidance of doubt, it is hereby acknowledged and agreed that, for the purposes of this Contract:
1. the references in Clause 4.3 of the General Conditions to 'errors, omissions or negligence' and 'error, omission or negligence' each include any breach of the contract by the Subcontractor howsoever breach arises.
In the red text,
1.Why 'General Conditions' is capitalilzed? This expression doesn't appear in the above context.
2.Why use 'to' next to 'General Conditions', should it be 'of'?
Many thanks!
Top answer
3, Decennial Liability is under this chapter. 0. 3 ....
- 3, Decennial Liability is under this chapter.
- 0.
- 3 ....
- "
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2 Answers
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1) General Conditions is probably the chapter heading - Clause 4.3, Decennial Liability is under this chapter. There are clauses 1.0...., 2.0..., 3.0...4.0. 4.1, 4.2, 4.3 ....
2) "to" is following "references".- it can be read more clearly as " references to 'errors...' in clause 4.3 of the General Conditions ..."
2) "to" is following "references".- it can be read more clearly as " references to 'errors...' in clause 4.3 of the General Conditions ..."
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Many thanks!
I think you are right, though 'General Conditions' is not found in the whole text as a caption. Maybe it's somewhere outside the whole document. The original text is a subcontract, and this part's caption is 'Main Contract'. Maybe 'General Conditions' is a caption in the Main Contract, however, it's a bit wierd, I think.
I think you are right, though 'General Conditions' is not found in the whole text as a caption. Maybe it's somewhere outside the whole document. The original text is a subcontract, and this part's caption is 'Main Contract'. Maybe 'General Conditions' is a caption in the Main Contract, however, it's a bit wierd, I think.
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