Liability period (Maintenance
(Security) Guarantee Period)"
shall be
valid up to
19. Clause 18.1 of the agreement provides that the defect liability period ... defect liability period
(maintenance guarantee period), implies that the period of two years has
been accepted as a defect liability period
Defects Liability Period."
ig (Emphasis supplied)
5. It is not in dispute that the defect liability period
has commenced from 22 July ... liability period has come to an end and that
invocation of the bank guarantee is after the expiry of the defect
liability period
liability period of the Contract for a further period beyond the
27th June, 2020 (end date of the Defect liability period) till ... further period of one year, i.e. up to 30th June,
2021.
In pursuance to the decision to extend the Defect liability period
liability period and latent defects is prescribed in the contract under Clause 5.4.0.0. which is extracted below :
"5.4.0.0. Defect Liability Period ... respondent No. 1 and from that period one year period has expired, therefore, the defect liability period has also expired and, therefore, the petitioner
defect liability
period was extended in respect of any of the Facilities. But, in this case,
the defect liability period was not extended ... liability period on account of defect in the work executed by the
contractor (Cobra). Admittedly, there was no extension of the defect
liability
defect liability (warranty) period and issuance of
final acceptance certificate by owner.
Article 19 of Subcontract Agreement defines defect
liability (warranty period ... liability period and said bank
guarantee shall be released within 30 days after expiry/successful
completion of defect liability (warranty) period and issuance
whatsoever of any defect liability period.
13. According to him, in construction contracts, the defect liability
period by its very nature begins after ... beyond
the said 90-days period, and (iii) that in the event of termination, the
defect liability period would be inconsequential and inapplicable.
Respondent
raised after the
completion of the Defect Liability Period. The Defect
Liability Period was defined in Clause 11 of the special
Patna High ... that the petitioner has
failed to rectify the defective work within the defect
liability period, despite receiving instructions from
higher authorities during inspection
defect liability period. Hence, the cause
of action, if any, arose either during the defect liability period or, at best, on
the expiry ... defect liability period i.e., on October 31, 2016.
Accordingly, the limitation period qua the defect liability period got expired
on October
Defect Liability Period. This Court has
perused the reasoning of the learned Arbitrator. Since the findings on the
Defect Liability Period (DLP) will ... Defect(s) Liability Period:
Defect(s) Liability Period shall be the 12-month period
after Virtual Completion and any period extended
