According to the NHAI, the said report clearly showed that the
construction defects were due to the contractor who had executed the project
sometime ... letter of the CSIR-CRRI report, however,
clearly shows that the construction defects of the erstwhile EPC contractor.
The said letter reads as under:-
Signature
held responsible.
Hence recovery for undue-delay and damages, due to
defective - construction & further repair cost has to be borne
by whom, with interest ... construction and, seeks an enquiry for fixing the liability of
the defective construction on the Architect and Contractor who were
involved in raising the construction
that is necessary. The second counter-claim was in respect of alleged defective work carried out by the respondent in respect of the 90 flats ... approximately Rs.25 lacs along with interest thereon for the defective construction insofar as these flats were concerned. By the time, the present arbitration came
defect liability period.
13. According to him, in construction contracts, the defect liability
period by its very nature begins after the work is completed. When ... construction contract is terminated much prior to completion of the work,
the defect liability period would not even begin to run. To support his
view
obligations, under and in
accordance with the Contract, during the {Construction Period/
Defects Liability Period and Maintenance Period ... faithful performance of the Contractor's obligations during
the {Construction Period/ Defects Liability Period and
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
crores, claim of Rs. 15 lakhs spent on repair of
major construction defect, claim of Rs.5 lakhs on account of expenses
incurred in getting
cannot be attributed to the defect in superstructure as such which
provides the basis of ancillary construction thereon. The
residents/owners of the building ... post-allotment. The
facts of this case unequivocally demonstrate that latent
construction defects, which should have been timely addressed,
16
2024 SCC OnLine
common conclusion that the collapse was caused due to
fundamental construction defect rather than any deficiency in maintenance.
16. It is submitted that ... further indicative of the fact that the collapse was
caused due to construction failure which has no relation with failure of
maintenance
terms of the bank
guarantees, the invocation can be during the construction period / defects
liability period and maintenance period and the agreement having been
terminated ... faithful performance of the
contractors obligation during the construction period / defects liability
period and maintenance period and there is an obligation on the bank
during the Lease
Period be destroyed or damaged by fire, earthquake,
defective construction or any other reason
whatsoever not attributable to the Lessee
