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Dear All,
Would like to know ,how the obligations differs between "Defect Liability Period" and "Maintenance Period".
Our contract agreement calls for 3 years DLP, whereas B.O.Q includes".......maintenance for the guarantee period".
Can these be considered same ..as our client expecting us carry out all works ,usually used to be part of Annual Maintenance contract.
As per our contract in case of discrepancy contract agreement take precedence over the pricing documents.
What shall be our stand ?
Rgds
Ahtisham
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Thanks Mike
Hi Khawaja
The rule is that writen text - as in a BoQ - over rules printed text in an agreement.
You are of course free to pursue your argument but I don't think it will get very far.
Best regards
Mike Testro
Thanks Mike ,
I thought it can be disputed as Contract Agreement says DLP and moreover in case of dispute it is the contract agreement which take precedence...anyway I take your advise.
Rgds
Ahtisham
Hi Khawaja
That text seems to be perfectly plain - the contractor has allowed in the price for maintenance of the equipment during the guarantee period so that would include such routine items as changing filters and lubrication as required by the operation manuals for the entire guarantee period.
Sorry but you are stuck with it - I would suggest that you engage a suitable maintenance contractor and cut you losses.
Best regards
Mike Testro
Hi.Mike
Below is the full text
A-Mechanical Services
For all the below, include for insurance,transport,delilvery to site and installation/testing,commissioning,handing over and maintenance during guarantee period for the the system and include for all relevant statutory & local requirement approvals.
For all items the cost of production of shop ,record and builders work drawings,guarantees and operating and maintenance manuals shall be included within the cost
Hope this suffice,
Rgds
Hi Khawaja
That BoQ wording does not help you at all.
Perhaps you can put down the full text of the BoQ item so that I can get a better understanding.
Best regards
Mike Testro
Thanks Mike
It gives good idea about our position.For sure we do not have any other item in B.o.Q which covers the DPL period ,even maitenance for guarantee period is not a sepetate item,rather its says .....supply, installation, testing & commissioning and maintenace for the below items, I do n't know if this further suppport to our position....
Rgds
Hi Khawaja
In most contracts the terms Defects Liability Period and Maintenance Period mean the same thing.
The word Maintenance comes from older UK forms of contract where the Contractor is obliged to Maintain contact with the building Owner to rectify defects.
The modern phrase Defects Liabilty Period better expresses what is required.
In your case however you have the DLP in the agreement and then another item in the BOQ for Maintenance during the Guarantee period - which may mean providing day to day maintence.
Does the BOQ have another item covering the DLP period?
If not then you can argue that the BOQ item covers the DLP and there is no contractual obligation to provide daily maintenance.
This is based on the principle that if there is no BOQ item to price then the obligation is not included in the contract price.
Look to see if there is an item coverage or a standard Method of Measurement attached to the BoQ.
Also check the scope of works and the specification very carefully to see what the true contractor's obligation.
Best regards
Mike Testro
Hi Khawaja,
DLP has to do with defects in worksmanship whilst Maintenance is performing maintenance works.
Regards,
Daniel
Email: PPadmin@planningplanet.com
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