extended
until the defect is rectified.
18.3 If the Contractor has not corrected a Defect pertaining to the
Defect Liability Period to the satisfaction ... defect liability period
(maintenance guarantee period), implies that the period of two years has
been accepted as a defect liability period
been
appointed before the expiration of 30 days after
defects liability period."
4. A work order was issued on the same ... defines the defect liability in
respect of workmanship and materials and so also
the defect liability period is to be counted from
Works in order to remedy the Defect as instructed by the Client.
40.3: The Defects Liability Period shall be 18 (eighteen) Months from ... seen and since the defects
would be remedied by the appellant during the defect liability period
invocation of the bank guarantee at the hands
issuance of these certificates
marked the commencement of the Defect Liability Period (hereinafter
referred to as "DLP") as per the contract ... Defect liability period of the Contract for a further period beyond the
27th June, 2020 (end date of the Defect liability period) till
Bank Guarantee.
6. Clause 8 of the LOA prescribed the Defect Liability Period to be
12 months from the date of completion of work ... certain area the defect as pointed out in the letter dated 06.05.2013 would
have been within the Defect Liability Period. The learned senior counsel
other averments relating to successful
completion of project, expiry of defect liability period or regarding
fraud allegedly played by respondent no.2 upon petitioner ... Article 19
was to remain valid till expiry of defect liability period. It is further
submitted that as per the terms of Subcontract Agreement
been
appointed before the expiration of 30 days after
defects liability period."
4. A work order was issued on the same ... defines the defect liability in
respect of workmanship and materials and so also
the defect liability period is to be counted from
Ninety) days from the
date of expiry of the Defects liability period as provided in
the said contract or from the date of cancellation ... within 90 days of the expiry of the defect liability period,
and that the said period has not started till date and will purportedly
withholding the petitioner's retention
money beyond the defect liability period
in breach of Clause 41, etc.
b. illegally attempting and threatening ... that the petitioner has
failed to rectify the defective work within the defect
liability period, despite receiving instructions from
higher authorities during inspection
that the respondent had even approached the
petitioner during the Defect Liability Period and sought rectification of the
damage caused to the road. That ... defect liability period i.e., on October 31, 2016.
Accordingly, the limitation period qua the defect liability period got expired
on October
