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Asphalt Overlay of CDC Roads - Clark Freeport Zone

Asphalt Overlay of CDC Roads - Clark Freeport Zone

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(a)(b)(c)(d)(e)Contractor – Where Structural Defects/Failures arise due t<strong>of</strong>aults attributable to improper construction, use <strong>of</strong> inferiorquality/substandard materials, and any violation <strong>of</strong> the contractplans and specifications, the contractor shall be held liable;Consultants – Where Structural Defects/Failures arise due t<strong>of</strong>aulty and/or inadequate design and specifications as well asconstruction supervision, then the consultant who prepared thedesign or undertook construction supervision for the projectshall be held liable;Procuring Entity’s Representatives/Project Manager/ConstructionManagers and Supervisors – The project owner’srepresentative(s), project manager, construction manager, andsupervisor(s) shall be held liable in cases where the StructuralDefects/Failures are due to his/their willful intervention inaltering the designs and other specifications; negligence oromission in not approving or acting on proposed changes tonoted defects or deficiencies in the design and/or specifications;and the use <strong>of</strong> substandard construction materials in theproject;Third Parties - Third Parties shall be held liable in cases whereStructural Defects/Failures are caused by work undertaken bythem such as leaking pipes, diggings or excavations,underground cables and electrical wires, underground tunnel,mining shaft and the like, in which case the applicable warrantyto such structure should be levied to third parties for theirconstruction or restoration works.Users - In cases where Structural Defects/Failures are due toabuse/misuse by the end user <strong>of</strong> the constructed facility and/ornon–compliance by a user with the technical design limitsand/or intended purpose <strong>of</strong> the same, then the user concernedshall be held liable.12.5. The warranty against Structural Defects/Failures, except thoseoccasioned on force majeure, shall cover the period specified in theSCC reckoned from the date <strong>of</strong> issuance <strong>of</strong> the Certificate <strong>of</strong> FinalAcceptance by the Procuring Entity.12.6. The Contractor shall be required to put up a warranty security in theform <strong>of</strong> cash, bank guarantee, letter <strong>of</strong> credit, GSIS or surety bondcallable on demand, in accordance with the following schedule:51<strong>Clark</strong> Development CorporationSection IV General Conditions <strong>of</strong> the Contract<strong>Asphalt</strong> <strong>Overlay</strong> <strong>of</strong> <strong>CDC</strong> <strong>Roads</strong>

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