Step 26: Defects Liability
The Contractor shall maintain the bridge and approach roads and shall rectify all defects that appear during the defects liability period. The defect liability period covers 365 days. The Defect Liability Certificate shall be issued by the Project Manager / Team Leader (on the recommendation of the site engineer) at the end of the Defects Liability Period once the Project Manager is satisfied that there are no defects or lack of maintenance which are the responsibility of the Contractor, refer ▬►PPR-2007, Rule125; SBD (for medium contract for construction of bridge)Section IV,GCC: Clause 32,33,34,35, and 53,52,55: Defects,; PWD, Part-III, Medium Contract, Clause 57.1 Condition of Contract,page45,; see an example of Defect Liability Certificate n issued in Road Connectivity Sector1 Project: Tamakoshi- Manthali-Khurkot Road, Contract Package RSCP/ICB/TMK/03
PPR - 2007, Rule 125
125. Work Completion Report to be Submitted:
(1) The concerned construction entrepreneur shall have to submit as built drawing to the Public Entity within thirty days of completion of construction works as per the procurement contract.
(2) After the expiry of defects liability period, the chief of the Public Entity shall prepare a work completion report by causing a technical staff to examine whether or not such construction works are carried out as per the approved drawing, design or specifications.
(3) The technical staff examining pursuant to Sub-rule (2) shall examine whether the completed work has been completed as per the approved drawing, design or specifications or not and shall have to submit a report thereof to the Public Entity.
(4) The concerned Public Entity shall have to submit the as built drawing under Sub-rule (1) and the work completion report submitted pursuant to Sub-rule (3) to the bid accepting authority and in cases where the chief of the Public Entity and the bid accepting authority is one and the same person, to one level higher authority to him/her.
(5) If the authority under Sub-rule (4) deems it necessary, s/he himself/herself may examine or cause to be examined through a technical staff or a team of technical staff the matter referred to in the work completion report.
(6) If, in examining pursuant to Sub-rule (5), the completed construction work is found to be consistent with the approved drawings, design or specifications, such authority shall have to approve such construction works.
(7) Notwithstanding anything contained in Sub-rule (6), if the examination work under Sub-rule (5) is not completed within forty five days from the date of submission of work completion report pursuant to Sub-rule (4), such construction work shall be ipso facto deemed to have been accepted.
(8) Notwithstanding anything contained elsewhere in this Rule, where the work completion report submitted pursuant to Sub-rule (3) is in respect of the construction work of up to one million Rupees, the chief of the concerned Public Entity may examine himself/herself if s/he is a technical staff and if s/he is not a technical staff may cause other technical employees to examine. In so examining or causing to be examined, if such construction work is found to have been constructed as per the approved drawing, design, s/he shall have to approve the work completion report, and give information on the approval of work completion to one level higher authority.
(9) After the work completion report is approved pursuant to this Rule, the Public Entity shall have to give work completion certificate to the concerned construction entrepreneur.
PWD Part III, Medium Contract, Clause 57.1 Condition of Contract
57. Final Account
57.1 The Contractor shall supply the Project Manager with a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractor’s account if it is correct and complete. If it is not, the Project Manager shall issue within 56 days a schedule that states the scope of the corrections or additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted, the Project Manager shall decide on the amount payable to the Contractor and issue a payment certificate.
SBD (for medium contract for construction of bridge) Section IV GCC: Clause 32 to 35 Defect Liability/Quality Control, clause 56 Final Account
C. Quality Control
32. Identifying Defects
32.1 The Project Manager shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities. The Project Manager may instruct the Contractor to search for a Defect and to uncover and test any work that the Project Manager considers may have a Defect.
33. Tests
33.1 If the Project Manager instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a Compensation Event.
34. Correction of Defects
34.1 The Project Manager shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the SCC. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Project Manager’s notice.
35. Uncorrected Defects after Completion Date
35.1 If the Contractor has not corrected a Defect within the time specified in the Project Manager’s notice, the Project Manager will assess the cost of having the Defect corrected, and the Contractor will pay this amount.
56. Final Account
56.1 The Contractor shall supply the Project Manager with a detailed
Example of Defect Liability Certificate