RE: Can anybody answer this?

Murvin,

 

Sounds like a case for a contract lawyer or arbitrator, to negotiate a compromise. I would say it depends on what the work is, and why the contractor is refusing. “Taking Over Certificate” sounds like owner accepted what they got. Demobilised sounds like lots of equipment and/or personnel moved out. Mauritius is not exactly on the doorstep of industrial resources, so if mobilised means bringing in resources from African mainland, contractor may not be happy, and oppose work on that which appeared to be accepted. Then there is arguing whether the work is for a defect or wear and tear during the period.

 

Also I don’t believe refusing to conduct work during the liability period would be considered a breach of contract. I assume the principal objective of the contract has been fulfilled. It would be more a situation of compensation to be negotiated in arbitration or the courts. For example the owners could get someone else to fix the defects and then make a claim against the original contractor. (A breach is more along the lines of I paid, and I didn’t get anything. If received a substantial portion of the objects {“consideration”} of the contract, then gets complicated hence the lawyers.)

 

 

Regards

Conrad Harrison

B.Tech (mfg & mech), MIIE, gradTIEAust

mailto:sch.tectonic@bigpond.com

Adelaide

South Australia