Commentary

32 Remedies for defective work and materials

BUILDING AND ENGINEERING vol 5

32 Remedies for defective work and materials

32 Remedies for defective work and materials

Where work is found to be defective during the course of construction, most construction contracts specifically empower the contract administrator to order its removal and replacement1. In addition, the employer may claim damages for any loss which results from the contractor’s breach of contract2. The fact that the employer has accepted and paid for the work will not normally prevent it from later claiming damages3 in respect of defects, even where these were known at the date that such acceptance took place4.

Construction contracts commonly make express provision for the contractor to rectify defects

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