NOTICE TO REMEDY DEFECTS OR DAMAGE

Contractor : [State Name] Notice No :

Works : [State Project Title] Issue Date :

Pursuant to Sub-Clause 11.1 and Sub-Clause 11.2 of the Conditions of Contract,

I / we, on behalf of the Employer, give notice that you are to execute all work required to remedy the
following defects and damage to the Works by [state date]:

1. [State defects which appeared or damage occurred]

2. [Ditto]

*The above works shall be executed at your risk and own cost.

OR

*I / We, on behalf of the Employer, further give notice that the above work is attributable to causes for
which you are not responsible.

Signed:

_____________________________

[Name of Engineer]

DISTRIBUTION

Employer ____________________

*Delete as may be appropriate

Sub-Clause 11.1 / 11.2

Notice to Remedy Defects or Damage

When to use

Prior to the expiry date of the Defects Notification Period, the Contractor is required to:

 Complete all minor outstanding work as identified at the date stated in the Taking-Over
Certificate; and

 Remedy all defects or damage notified by the Employer (or the Engineer, on his behalf).

Where the remedial work is caused by any design under the responsibility of the Contractor,
non-compliant plant, materials or workmanship, or breach by the Contractor of his other
obligations, the risk and cost of carrying out the work fall on the Contractor.

If the remedial work is due to other causes, the Employer (or the Engineer, oh his behalf)
must notify the Contractor accordingly without delay. Such work is then treated as a variation.

How to Complete

Insert the name of the Contractor and description of the Works which should match the
entries in the Contract Agreement (and also the Appendix to Tender, in the case of the name
of the Contractor), Notice number and issue date.

The contract conditions do not require a date or time period to be specified for completion of
the remedial work to the defects and damage, but it is suggested that this be stated in the
notice.

Describe the defects which appeared and / or the damage that occurred.

Delete the alternative, depending on whether the remedial work is to be executed by the
Contractor at his risk and cost, or is due to other causes for which the Contractor is not
responsible.

The name of the Engineer should match the person named in the Appendix to Tender (or
such other person whom the Employer may appoint from time to time and has notified to the
Contractor) and the signature should be that of, or on behalf of, such named Engineer.

Make the following amendments if the Employer wishes to issue the notice himself:

 Delete “, on behalf of the Employer,”;

 Replace “Engineer” with “ Employer” under the issuer; and
 Replace “Employer” with “Engineer” in the distribution list.

Who to Issue

Issue the original to the Contractor and copies to the Employer and any other relevant parties.