Defects Liability Timeline — CLAUSE 11
Click to view the post–Taking-Over sequence (DNP, remedies, testing, Performance Certificate).
- Taking-Over → DNP starts **11** / Contract Data
- Finish outstanding & remedy notified defects **11.1**
- Who pays? Contractor pays if defect is attributable to design/materials/workmanship etc. **11.2**
- DNP extension (cap **two years**) if use is impaired. **11.3**
- If not remedied in time: Employer can fix & recover cost / reduce price / (if substantial deprivation) terminate. **11.4**
- Off-site remedy / removal (security if needed). **11.5**
- Further tests after remedy (liable party bears cost). **11.6**
- Access during DNP (2017: request + deemed consent after **7 days**). **11.7**
- Contractor to search (paid unless **11.2**). **11.8**
- Performance Certificate (2017: deemed after **28 days** if not issued). **11.9**
- Unfulfilled obligations (2017: Plant cap **two years** beyond DNP, with carve-outs). **11.10**
- Clear Site (remove within **28 days**). **11.11**
Deep Breakdown — CLAUSE 11 (Defects after Taking-Over)
A step-by-step of sub-clauses 11.1 to 11.11 with 📘1999 vs 📒2017 call-outs. Durations like 28 days are bolded.
0) Trigger — Taking-Over → DNP starts 10 → 11
- Log punch-list from the Taking-Over process and schedule remedial windows.
- Plan access & any re-tests that may follow fixes.
11.1 Completion of Outstanding Work & Remedying Defects Core duty
- Finish all outstanding items recorded at Taking-Over.
- Remedy any defect/damage notified during the DNP.
11.2 Cost of Remedying Defects Who pays?
- If due to Contractor design/materials/workmanship or breach of obligations, remedials are at the Contractor’s risk & cost.
- If the cause is not Contractor-attributable, the Contractor should give Notice, and the Engineer proceeds under 3.7 Agreement/Determination.
11.3 Extension of DNP (cap two years) When & how
11.4 Failure to Remedy Defects Employer options
- Do & recover reasonable cost from the Contractor; or
- Accept as-is and apply Performance Damages or agree a reasonable price reduction; or
- 📒Treat unusable parts as an omission/Variation via 13.3.1; or
- Terminate if deprived of substantially the whole benefit (with restitution/clear-up costs).
11.5 Remedying Off-Site / Removal Logistics & insurance
- Give Notice with destination, transport & insurance, off-site inspection/testing plan, and timelines to repair, return, re-install, and re-test.
- Maintain full replacement cost insurance while off-site.
11.6 Further Tests after Remedying 7/7/14-day discipline
- Contractor Notice within 7 days of the fix; Engineer replies within 7 days.
- If Contractor doesn’t notify, Engineer may instruct tests within 14 days after the fix.
- Cost of repeated tests follows the liable party under 11.2.
11.7 Right of Access after Taking-Over Access windows
- 📘1999: Access until the Performance Certificate.
- 📒2017: Access continues until 28 days after the Performance Certificate, with a request/consent protocol. No reply in 7 days → consent deemed. Unreasonable delay → claim Cost + Profit.
11.8 Contractor to Search Cause & cost
- If the defect is Contractor-cost under 11.2, the search is at Contractor cost.
- Otherwise, Contractor is paid (1999: Cost + reasonable profit; 2017: Cost + Profit via the claims route).
- 📒2017: If Contractor fails to search, Employer may do it and recover if the defect is Contractor-cost.
11.9 Performance Certificate Acceptance key
- 📒2017: If not issued in time, it is deemed issued on day 28.
- Only the Performance Certificate = acceptance (triggers retention release, etc.).
11.10 Unfulfilled Obligations Still binding
- 📒2017: For Plant, no liability beyond two years after the DNP, except for fraud, gross negligence, deliberate default, reckless misconduct, or where law says otherwise.
11.11 Clearance of Site Within 28 days
⚖️ This reader-friendly widget summarises **Item 2 — Breakdown of CLAUSE 11**. It’s an editorial aid, not legal advice. Align Particular Conditions with the FIDIC Golden Principles.
Clause 11 Cross-References Explorer — How the moving parts click together 🔗🧩
See how Clause 11 interacts with Tests, Taking-Over, Variations/Determinations, Claims/Access, Retention & Acceptance, and Close-out in 📒 2017 and 📘 1999.
⚠️ For training/editorial use only. This widget summarises interactions around CLAUSE 11; always read the actual Contract and Particular Conditions for your project.
Item 6 — Suggestions for Clarity & Improvement (for CLAUSE 11) ✍️
Practical, copy-ready Particular Conditions with mini examples. Durations and clause numbers are in bold.
Quick decision matrix (who pays / what route) 🎛️
• Cause fits 11.2? → Contractor fixes; re-tests at Contractor risk/cost; no Variation.
• Cause is other? → Engineer agreement/determination (**3.7** in 2017 / **3.5** in 1999) → treat as **13.3/13.3.1 Variation**; re-tests at liable party per **11.6**.
• Fix delayed (**11.4**)? → Employer may do & recover, accept with Performance Damages/price reduction, omit unusable part (2017), or terminate if substantially the whole benefit is lost.
⚠️ Editorial training aid. Align with your Contract Data and Particular Conditions. This widget summarises suggestions around CLAUSE 11 and related clauses.
Clause 11 — Defects (📘1999 / 📒2017) • Practical Checklists ✅
Each table ends with a checkbox column so your team can track completion. Edition toggle filters the guidance notes.
Tip: Your selections save locally on this browser (localStorage). Export CSV to share with the team.
Clause 11 — Sample Letters Library (📘1999 / 📒2017) ✉️
Ready-to-copy templates for the most common scenarios under CLAUSE 11. Use placeholders like [Project], [Defect], [Section], etc. Edition toggle swaps clause-routing (e.g., 3.7/20.2 vs 3.5/20.1).
Tip: Click Copy to put a letter on your clipboard. Paste into your letterhead, update placeholders, and attach evidence (photos, test sheets, programmes).