In a scenario where the Employer takes over part of the works, and then begins operation of this, only to discover a defect which prevents use of the works, what is the Contractor's liability to the Employer, beyond rectification?
If the Employer has taken over the works, then delay damages under X7 cannot be enforced, but is the Contractor then open to the full costs of the Employer not being able to use the works, i.e. loss of revenue?
Also, does the contractor have any protection from the defects correction period during this time?
If the Employer has taken over the works, then delay damages under X7 cannot be enforced, but is the Contractor then open to the full costs of the Employer not being able to use the works, i.e. loss of revenue?
Also, does the contractor have any protection from the defects correction period during this time?