What happens if the Principals instruction to make good is unreasonable (eg. fair wear and tear) ?
Fair wear and tear (for example) would not be due to the fault of the Contractor – Defect is defined to include without limitation an error, omission, shrinkage or other fault in or affecting the Works which results from a failure of the Contractor to comply with the Contract. If there has been no failure of the Contractor to comply with the Contract, then it is not a Defect to which clause 60 applies.
