The Employer shall be entitled subject to Sub-Clause 2.5
[Employer’s Claims] to an extension of the Defects
Notification Period for the Works or a Section if and to the
extent that the Works, Section or a major item of Plant (as
the case may be, and after taking over) cannot be used for
the purposes for which they are intended by reason of a
defect or by reason of damage attributable to the
Contractor. However, a Defects Notification Period shall
not be extended by more than two years.
If delivery and/or erection of Plant and/or Materials was
suspended under Sub-Clause 8.8 [Suspension of Work] or
Sub-Clause 16.1 [Contractor’s Entitlement to Suspend
Work], the Contractor’s obligations under this Clause shall
not apply to any defects or damage occurring more than
two years after the Defects Notification Period for the Plant
and/or Materials would otherwise have expired.
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