CHAPTEK XVI 



MAINTENANCE AND DEFECT CLAUSES 



PAGE 



1. Preliminary 173 



2. Forms of maintenance 



clause 174 



3. Example of the effect of a 



maintenance clause ... 175 

 4. Maintenance of work not 



properly supervised ... 176 

 5. Time for bringing action 



for failing to maintain... 177 

 6. Liability under a clause to 



rectify defects 177 



7. Defects after completion 



where there is no defects 



clause 178 



8. Form of defects clause ... 179 

 9. Effect of clause on defects 



appearing after the stated 



period 179 



10. Distinction between main- 

 tenance and defects 

 clause 180 



11. Liability under a repair- 

 ing clause 180 



12. Contractor entitled to 



notice of want of repair 181 



13. Form of repairing clause,.. 182 



14. When there is no defects or 



maintenance clause ... 182 



15. Claim for defects not 

 barred by payment of or 

 judgment for the con- 

 tract price 183 



16. Effect of payments with 



knowledge of defects ... 184 



17. Where employer has ap- 

 proved the work ... 184 



1. Preliminary. Of all clauses in contracts for the con- 

 struction of works and the supply of machinery, there is none 

 more important than that which has to do with the condition 

 of the subject-matter after completion. 



Defects often become apparent after the engineer has issued 

 his final certificate. A slight error in calculations may have 

 left some important part of the structure too weak ; and in the 

 case of machinery, it is notorious that many latent defects 

 only become patent under the strain of actual working. 



From the point of view of the employer and his engineer 

 on the one hand, and the contractor on the other, it is neces- 

 sary to provide as far as possible for these contingencies. 

 This can best be done by the insertion of apt clauses either in 

 the general conditions of the contract or in the specification. 

 Experience has shown that the employer is not sufficiently 

 protected by the insertion of a clause which provides that all 

 work must be approved by the engineer. The most careful 

 inspection, or, in the case of machinery, the most searching 



