4. “THE CONTRACTOR SHALL TAKE FULL RESPONSIBILITY FOR THE CARE OF ANY OUTSTANDING WORK WHICH HE SHALL HAVE UNDERTAKEN TO FINISH DURING THE PERIOD OF MAINTENANCE UNTIL SUCH OUTSTANDING WORK IS COMPLETE”. This addition appears to mean that the contractor is liable for each item of outstanding work included in an undertaking under cl. 48 until that particular item of work in the undertaking (not every item in the undertaking) is complete. Once an item is dealt with it is no longer “outstanding” work within these words.
It may be extremely difficult to determine what the “outstanding work” is, where defects are to be made good. If the work consists of patching defects in a concrete slab,presumably the “outstanding work” for which the contractor remains liable is only the defective areas and not the whole slab. The engineer should require items of outstanding work to be defined precisely in the contractor’s undertaking under cl. 48, and if necessary in any major case clarify the question of liability by agreement and check insurance cover.
“complete” in this context implies absolute completion. Unfortunately there is no procedure specified for determining when completion takes place.
The contractor should make sure that this liability is covered by his insurance.
See N. 7 for the contractor’s liability for damage caused in completing outstanding work.
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