Conditions of contract for construction For building and

Conditions of contract for construction For building and engineering works designed by the employer 11 Defects Liability ﺍﻟﻤﺴﺌﻮﻟﻴـﺔ ﻋﻦ ﺍﻟﻌﻴـﻮﺏ Prepared by: Summer Youssof Esmael Instructor Course: Dr. Kamalain Sha'at 2008/2009

Structural issue: 11. 1 Completion of Outstanding Work and Remedying Defects. 11. 2 Cost Of Remedying Defects. 11. 3 Extension of Defects Notification Period. 11. 4 Failure to Remedy Defects. 11. 5 Removal of defective work. 11. 6 Further tests. 11. 7 Right of Access. 11. 8 Contractor to search. 11. 9 Performance Certificate. 11. 10 Unfulfilled Obligation. 11 Clearance Of Site.

11. 3 Extension of Defects Notification Period ﺗﻤﺪﻳﺪ ﻓﺘـﺮﺓ ﺍﻹﺷﻌﺎﺭ ﺑﺈﺻﻼﺡ ﺍﻟﻌﻴـﻮﺏ The Employer shall be entitled subject to Sub-Clause 2. 5 [Employer’s Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason of a defect or damage. However, a Defects Notification Period shall not be extended by more than two years. ﻓﺈﻧﻪ ﻳﺘﻌﻴﻦ ﻋﻠﻰ ﺻﺎﺣﺐ ﺍﻟﻌﻤﻞ ﺇﺷﻌﺎﺭ ﺍﻟﻤﻘﺎﻭﻝ ﺑﺘﻤﺪﻳﺪ ﻓﺘﺮﺓ ﺍﻹﺷﻌﺎﺭ ﺑﺈﺻﻼﺡ ،(2. 5) ﺑﻤﻮﺟﺐ ﺍﻟﻤﺎﺩﺓ ﺍﻟﻌﻴﻮﺏ ﻟﻸﻌﻤﺎﻝ ﺍﻟﺘﻲ ﻻ ﻳﻤﻜﻦ ﺍﺳﺘﻌﻤﺎﻟﻬﺎ ﻟﻸﻐﺮﺍﺽ ﺍﻟﻤﻘﺼﻮﺩﺓ ﻣﻨﻬﺎ ﻭﺫﻙ ﺑﺴﺒﺐ ﻭﺟﻮﺩ ﻋﻴﺐ ﺃﻮ ﺿﺮﺭ . ﺇﻻ ﺃﻨﻪ ﻻﻳﺠﻮﺯ ﺗﻤﺪﻳﺪ ﺗﻠﻚ ﺍﻟﻔﺘﺮﺓ ﻹﻛﺜﺮ ﻣﻦ ﺳﻨﺘﻴﻦ ،( )ﺣﺴﺐ ﻣﺎ ﺗﻘﺘﻀﻴﻪ ﺣﺎﻟﺔ ﺍﻟﻤﺸﺮﻭﻉ ﺑﻌﺪ ﺗﺴﻠﻤﻬﺎ

11. 3 Extension of Defects Notification Period ﺗﻤﺪﻳﺪ ﻓﺘـﺮﺓ ﺍﻹﺷﻌﺎﺭ ﺑﺈﺻﻼﺡ ﺍﻟﻌﻴـﻮﺏ If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause 8. 8 [Suspension of Work] or Sub. Clause 16. 1 [Contractor’s Entitlement to Suspend Work], the Contractor’s obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired. ﻓﺈﻥ ﺍﻟﺘﺰﺍﻣﺎﺕ ﺍﻟﻤﻘﺎﻭﻝ ﻭﻓﻖ ﺃﺤﻜﺎﻡ ﻫﺬﺍ ﺍﻟﺒﻨﺪ ﻻﺗﻨﻄﺒﻖ ،(1. 16) ﺑﻨﺎ ﻋﻠﻰ ﺇﺟﺮﺍﺀﺍﺕ ﺍﻟﻤﻘﺎﻭﻝ ﺑﻤﻮﺟﺐ ﺍﻟﺒﻨﺪ ﻋﻠﻰ ﺃﻴﺔ ﻋﻴﻮﺏ ﺃﻮ ﺃﻀﺮﺍﺭ ﻗﺪ ﺗﺤﺼﻞ ﺑﻌﺪ ﺳﻨﺘﻴﻦ ﻣﻦ ﺍﻟﻤﻮﻋﺪ ﺍﻟﻤﺤﺪﺩ ﻻﻧﻘﻀﺎﺀ ﻓﺘﺮﺓ ﺍﻹﺷﻌﺎﺭ ﺑﺈﺻﻼﺡ . ( ﺣﺘﻰ ﻟﻮ ﻟﻢ ﻳﺤﺪﺙ ﺫﻟﻚ )ﺇﺻﻼﺡ ﺍﻟﻌﻴﻮﺏ ، ﺍﻟﻌﻴﻮﺏ ﻟﺘﻠﻚ ﺍﻷﻌﻤﺎﻝ

11. 4 Failure to Remedy Defects ﺍﻹﺧﻔـﺎﻕ ﻓﻲ ﺇﺻﻼﺡ ﺍﻟﻌﻴـﻮﺏ (a) carry out the work himself or by others, in a reasonable manner and at the Contractor’s cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2. 5 [Employer’s Claims] pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage; (b) require the Engineer to agree or determine a reasonable reduction in the Contract Price in accordance with Sub-Clause 3. 5 [Determinations]; or ﺩﻭﻥ ﺗﺤﻤﻞ ﺍﻟﻤﻘﺎﻭﻝ ﺃﻲ ﻣﺴﺌﻮﻟﺔ ، ﺃﻦ ﻳﻘﻮﻡ ﺑﺘﻨﻔﻴﺬ ﺍﻟﻌﻤﻞ ﺑﻨﻔﺴﻪ ﺃﻮ ﺑﻮﺍﺳﻄﺔ آﺨﺮﻳﻦ ﻋﻠﻰ ﺣﺴﺎﺏ ﺍﻟﻤﻘﺎﻭﻝ - ﺃ . ﻭﻫﻨﺎ ﻳﺘﺤﻤﻞ ﺍﻟﻤﻘﺎﻭﻝ ﺗﻜﺎﻟﻴﻒ ﺇﺻﻼﺡ ﺍﻷﻀﺮﺍﺭ ، ﻋﻦ ﻫﺬﺍ ﺍﻟﻌﻤﻞ . ﻳﻄﻠﺐ ﺍﻟﻤﺎﻟﻚ ﻣﻦ ﺍﻟﻤﻬﻨﺪﺱ ﺗﺤﺪﻳﺪ ﻗﻴﻤﺔ ﺗﺨﻔﻴﺾ ﻣﻌﻘﻮﻟﺔ ﻟﻘﻴﻤﺔ ﺍﻟﻌﻘﺪ ﻣﻘﺎﺑﻞ ﻗﻴﻤﺔ ﻫﺬﻩ ﺍﻷﻌﻤﺎﻝ - ﺏ

11. 10 Unfulfilled Obligation ﺍﻻﻟﺘﺰﺍﻣـﺎﺕ ﺍﻟﻐﻴـﺮ ﻣﺴﺘﻮﻓـﺎﺓ After the Performance Certificate has been issued, each Party shall remain liable for the fulfillment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force. ﻭﻋﻠﻴﻪ ﻳﻈﻞ ، ﻳﺒﻘﻰ ﻛﻞ ﻃﺮﻑ ﻣﺴﺌﻮﻻ ﻋﻦ ﺍﻟﻮﻓﺎﺀ ﺑﺄﻲ ﺍﻟﺘﺰﺍﻡ ﻟﻢ ﻳﻨﺠﺰﻩ ﻟﺘﺎﺭﻳﺨﻪ ، ﺑﻌﺪ ﺻﺪﻭﺭ ﺷﻬﺎﺩﺓ ﺍﻷﺪﺍﺀ . ﺍﻟﻌﻘﺪ ﺳﺎﺭﻱ ﺍﻟﻤﻔﻌﻮﻝ ﺑﻴﻦ ﺍﻟﻄﺮﻓﻴﻦ ﺇﻟﻰ ﺃﻦ ﻳﺘﻢ ﺗﺤﺪﻳﺪ ﻃﺒﻴﻌﺔ ﻭﻣﺪﻯ ﺍﻻﻟﺘﺰﺍﻣﺎﺕ ﺍﻟﻐﻴﺮ ﻣﺴﺘﻮﻓﺎﺓ

Thanks For your listening, , ,