Question
If contractor is likely for defective works for 12 years with pact under seal, then what is meaning of Maintenance Period?
Answer
Faulty works constitute a breach of contract in accordance with Limitation Ordinance. An action founded on easy contract shall not be brought after expiration of 6 years as an action founded with contract under seal shall not be brought after finishing of 12 years. For construction works, date of counting these deeds should bethe date of substantial completion.
To react above question, one ought to note that under contractual requirement, contractor during Maintenance Period has right to rectify defects and employer has also right to request contractor to make good malfunctioning work. Still, after expiry of Maintenance Period, in case of a few arising of defects, employer has to employ others to rectify these works and carry action to court to claim contractor for costs connected.