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Clause 8
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Question 1

After achieving final completion the roof, designed and erected by an n/s subcontractor, leaked during a heavy storm causing damage to the fitted carpeting and items of furniture. What is the n/s subcontractor’s responsibility and liability in relation to the defect and the consequential loss and damage?

Ref: N08.001

Answer

The n/s subcontractor’s liability in terms of the NSA is for the n/s works and subsequently with the achievement of practical completion the employer become liable for the building and its contents [8.1] and therefore should (must) insure accordingly. Clearly the n/s subcontractor is liable for the latent defect in the n/s works in relation to the roof leak only and not for the fitted carpeting installed as part of the works and furniture that was damaged as a consequence of the leak . Neither the contractor or n/s subcontractor would be liable for the loose Persian carpet that was also damaged by the leak [9.2, 9.2.8]