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See clause 20.3 (Loss or damage due to Employer's risks) where a similar
discretion is given and clause 65.3 (Damage to Works by Special Risks) where
the Contractor appears to have been given the right to rectify, perhaps
inadvertantly. See also the commentary under those clauses. This clause should
also be read with clause 64.1 (Urgent remedial work). For discussion of the
Engineer's power to waive strict compliance with the specification, see the
commentary under clause 2.1 (Engineer's duties and authority) and clause 13.1
(Work to be in accordance with the contract).
49.3 The reference to implied obligation is one of the areas in the contract in
which the parties are exposed to the vagaries of the law of the contract, usually
the law of the country in which the works are being executed. The opportunity of
the overhaul of the conditions leading to the publication of the 4th Edition was
unfortunately not used to make express some of the commonly accepted implied
terms of the contract in order to reduce the necessity to research and apply local
laws.