•If a Contractor neglects or refuses to rectify defective work as instructed by the Architect or Engineer.(Defaulting Contractor)
•The defaulting Contractor had breached the contract or caused a breach of duty on Remedial work and on Architect or Engineer’s Instructions
•(Refer to the relevant remedial work clause in GCC/JBCC/FIDIC/NEC forms of contract )
•Breach of Contract or breach of duty entitles the employer to claim damages or losses due to the breach.
•HOW TO HANDLE IT
•Employer issues a default notice/Notice of the breach of contract or duty to the defaulting contractor and a time period to correct the breach.
•If the defaulting Contractor fails to comply within the stipulated time period
•Employer makes arrangements to get the correction done by other contractors and recover the cost or offset the cost from the defaulting contractors due payments.
•If no payments are due employer sues the contractor to recover the cost of the remedial works
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