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RE: Can anybody answer this?

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In general the start time on issues like "statute of limitations" begins when the defect is discovered.  The law is not sympathetic to de-mobilization.  If the law was sympathetic to de-mobilization, it would be like the "tail light" warranty.  That is that the warranty is in force until you no longer see the tail lights. 

Regards, Harold Sprague

From: mragaven(--nospam--at)
To: seaint(--nospam--at)
Subject: Can anybody answer this?
Date: Thu, 6 Nov 2008 10:04:19 +0400

I have a simple question concerning contractual issues:


Will a Contractor be in breach of contract (assume FIDIC IV 1987 CoC are used ) if the Employer instructs him to carry out work during the defects liability period after the Contractor has demobilised and a Taking Over certificate has been issued and the Contractor refuses to do so?


This is always assuming that there is nothing to the contrary in the Contract Documents.

Lets have some answers!

Best Regards
Murvin Ragaven
Project Engineer

GIBB (Mauritius) Ltd
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