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  • 211 To Architect, If Clause 35.17 Certificate Issued Before All Sub-Contract Defects Remedied

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    This letter addresses an architect who issued a certificate under clause 35.17 of the JCT 98 conditions of contract before all sub-contract defects were remedied. The letter states that issuing the certificate was a breach of clause 35.17, as in the opinion of the recipient, the sub-contractor had not remedied all defects as required. As a result of the breach, the recipient will not take liability for any existing or future defects, as the provisions of clause 35.18 cannot apply.

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    211 To architect, if clause 35.17 certificate issued before all sub-contract defects remedied

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    211 to Architect, If Clause 35.17 Certificate Issued Before All Sub-contract Defects Remedied

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    This letter addresses an architect who issued a certificate under clause 35.17 of the JCT 98 conditions of contract before all sub-contract defects were remedied. The letter states that issuing the certificate was a breach of clause 35.17, as in the opinion of the recipient, the sub-contractor had not remedied all defects as required. As a result of the breach, the recipient will not take liability for any existing or future defects, as the provisions of clause 35.18 cannot apply.

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    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
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    10 views1 page

    211 To Architect, If Clause 35.17 Certificate Issued Before All Sub-Contract Defects Remedied

    Uploaded by

    VC
    This letter addresses an architect who issued a certificate under clause 35.17 of the JCT 98 conditions of contract before all sub-contract defects were remedied. The letter states that issuing the certificate was a breach of clause 35.17, as in the opinion of the recipient, the sub-contractor had not remedied all defects as required. As a result of the breach, the recipient will not take liability for any existing or future defects, as the provisions of clause 35.18 cannot apply.

    Copyright:

    © All Rights Reserved
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    Letter 211

    To architect, if clause 35.17 certificate issued before all sub-contract defects remedied
    This letter is only suitable for use with JCT 98

    Dear Sir

    We are in receipt of your certificate issued under the provisions of clause 35.17 of the conditions of contract and dated
    [insert date]. This certificate is issued in breach of clause 35.17, because in our opinion [insert name] have not
    remedied all the defects, shrinkages and other faults which they are bound to remedy under the sub-contract. Our
    opinion that such defects have been so remedied is a condition precedent to the issue of such certificate.

    In view of your breach, we will take no liability for any defects, shrinkages or other faults which now exist or may
    appear in the future and the provisions of clause 35.18 cannot apply.

    Yours faithfully

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