State to invoke liability clause

PANJIM: Facing flak from all quarters over the deteriorating condition of State roads and highways in the State, the PWD ministry will invoke the Defect Liability Clause to get contractors to repair roads that have been constructed by them prior to March 2012. The roads include the Goa Velha bypass, the Porvorim highway and other major roads all over the State.

TEAM HERALD
teamherald@herald-goa.com
PANJIM: Facing flak from all quarters over the deteriorating condition of State roads and highways in the State, the PWD ministry will invoke the Defect Liability Clause to get contractors to repair roads that have been constructed by them prior to March 2012. The roads include the Goa Velha bypass, the Porvorim highway and other major roads all over the State.
While PWD officials say that the imposition of the Defect Liability Clause is nothing new and has been invoked in the past, sources say that as many as eight major roads are proposed to be repaired under this clause as soon as the monsoon retreat. A report submitted to the government last week indicates that major roads such as the Goa Velha bypass, the Porvorim highway and major roads at Ponda, Bicholim, Merces, Mayem, Valpoi, and Canacona have been identified as in need of urgent repairs.
 “The roads will be taken up for repairs under the Defect Liability Clause as per the contract signed with the contractors,” said the Principal Chief Engineer J S Rego. 
Under this clause, the contractor who has undertaken works either construction or repairs will have to undertake further repairs or works required if the condition deteriorates within a period of three years. “The contractors will have to undertake the repairs at their own costs,” said Rego.
The PWD ministry claims that the roads in bad shape which have been identified for major repairs were constructed in 2011 and the works are found to have been substandard.
The contractors are being asked to re-do the work in many cases as the three year guarantee period has not yet lapsed.
The total amount towards the repairs or re-construction to be borne by the contractors has been calculated to the tune of Rs 11 crore.
Ministry level sources say that other divisions may also be asked to identify roads in rural areas which need repairs so that the Defect Liability Clause can be invoked and contractors asked to rectify the same. A report has been sought for by September 15, 2013.
 “We are investigating into the sub-standard construction of roads prior to 2012,” PWD minister Sudin Dhavalikar said.  
He said that the contractors are being asked to get the works done after which the PWD ministry may consider action against erring contractors if required.
Also the Defect Liability Clause which was earlier valid for six months has now been extended for a period of three years.

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