49.4 Remedy on Contractor’s Failure to carry out Work Required If the Contractor shall fail to do any such work required by the Engineer in accordance with Clause 49.2, then Clause 2.8 shall apply. 49.5 Contractor to Search The Contractor shall, if required by the Engineer, search under the direction of the Engineer for the cause of any defect, imperfection, shrinkage or fault appearing during the progress of the Works or during the Defects Liability Period. Unless such defect, imperfection, shrinkage or fault shall be one for which the Contractor is liable under the Contract, the cost of the work carried out by the Contractor in searching shall be borne by the Employer. If such defect, imperfection, shrinkage or fault shall be one for which the Contractor is liable under the Contract, the cost of the work carried out in searching shall be borne by the Contractor and who shall repair, rectify and make good such defect, imperfection, shrinkage or fault at its own expense in accordance with the provisions of Clause 49. 49.6 Defects Liability Certificate The Defects Liability Certificate shall be issued by the Engineer within twenty- eight (28) days after the expiration of the Defects Liability Period, or if different Defects Liability Periods shall become applicable to different parts of the Works the expiration of the latest such period, or (if later) as soon as any works ordered during such period pursuant to Clauses 49 and 50 shall have been completed to the satisfaction of the Engineer. 49.7 Unfulfilled Obligations Notwithstanding the issue of the Defects Liability Certificate the Contractor and, subject to Clause 62.1, the Employer shall remain liable for the fulfilment of any obligation incurred under the provisions of the Contract prior to the issue of the Defects Liability Certificate which remains unperformed at the time such Defects Liability Certificate is issued. URGENT REPAIRS 50.1 Urgent Repairs If, by reason of any accident, or failure, or other event occurring to in or in connection with the Works, or any part thereof, either during the execution of the Works, or during the Defects Liability Period, any remedial or other work or repair shall in the opinion of the Engineer be urgently necessary for the safety of the Works and the Contractor when notified by the Engineer is unable or unwilling immediately to do such work or repair, the Employer may employ and pay other persons to carry out such work or repair as the Engineer may consider necessary. If Copyright-Ministry of Works SFBldgEng09 55