Analysis of Responsibilities Division of Quality Defect during Defects Notification Period under the Condition of 'Supply-only materials'

摘要

Defects Notification Period is the time in 99 FIDIC during which the contractor is responsible for quality warranty after receiving taking-over certification, and owner has the right to claim the quality defects caused by the contractor. This paper introduced concept of "the owner recommended supplier" and "Supply-only materials", pointing out that the fundamental difference between the two ways is contractual relationship. Through literature review to identify issues and responsibilities of the relationship the owner can claim during Defects Notification Period, the paper finally gave a basis on which the owners should take responsibility under the condition of "owner provided material", which provided reference basis for a similar controversy occurred in practice. Similar situations that contractor takes the owner recommends suppliers as Supply-only materials happen occasionally in practice. The situation that the owner recommends suppliers is entirely different from the situation that Supply-only materials in contractual relationship. In the former situation, there is not contractual relationship between the owner and the supplier. In the article, the author starts with conventions about the Defects Notification Period in FIDIC, analyzes claims matters in the Defects Notification Period and responsibilities of quality defects caused by disqualified materials when Supply-only materials based on analysis of laws and regulations about Supply-only materials and combined with actual cases in the hope of offering references to similar disputes in practice.