Construction Contract

According to the research findings, it can, therefore, be said that during the period of work in progress, the architect finds that cladding materials used are of an inferior quality not in compliance with specifications of the designs and contract documents. This is violative of most of the conditions of clause 8.1 and its sub-clauses. As such, as per clause 8.2 of JCT98, the architect must notify the contractor of his dissatisfaction within a reasonable time of carrying out of the work found to be unsatisfactory. He may also ask the Contractor to open up any work already covered and test the materials used in the executed work or yet to be used. If the materials are not of the required standard, the cost of testing shall be borne by the contractor. The poor workmanship found in the doors and poor quality of materials being quite apparent, the architect has the option to ask the contractor to remove from the site any work or materials found to be defective in his opinion or permit materials to remain on site with the concurrence of the employer and in consultation with any nominated sub-contractor in which case a deduction from the contract sum can be made by him. Further, as per clause 17.2 of JCT 98, the architect must deliver within 14 days of the expiry of defects liability period, a schedule showing all defects, shrinkages or other faults that are observed within the defects liability period requiring the contractor to remedy the defects within a reasonable time. The contractor must remedy the defects at his own cost or the cost of remedying the defects shall be deductible from the contract sum. As per clause 27.2.1.3, if the contractor fails to remedy the defects, the architect may give notice to him mentioning the defaults on his part and if even after 14 days of notice, the contractor continues the default, the employer may within 10 days of or on expiry of the 14 days notice send a notice to the contractor determining the contract immediately on receipt of the notice by him.