ABSTRACT
The architect may issue instructions regarding the removal from site of any defective work, goods or materials, but nothing in the clause entitles the architect to instruct when the defects must be corrected. This is in accordance with the contractor's right to plan and perform the Works in whatever way it chooses. The original contractor can be liable for all the costs incurred by the employer, and these costs can be deducted from the contract sum. If the supplier has represented to the employer directly that its product would be suitable for a particular specified application, the position is likely to be different. A supplier that persuades an employer to use its product by saying that it can be suitable for a particular purpose is giving a warranty in return for which the employer is giving consideration in the form of an undertaking that the contractor can use the product.
