Defects

Defects guidance:

This Practice Note looks at how an agreement for lease with development obligations may require the landlord to remedy defects in the works. It also looks at whether...

Practice Note

The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties. This Practice Note...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This article appears as originally published in Construction Law on 1 December 2017 and is not...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This article appears as originally published in Construction Law on 1 March 2018 and is not...

Practice Note

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] [Name of defendant or defendant’s solicitor, if known] [Address] [Date] Dear [insert contact name] [Insert names of...

Precedents

This article appears as originally published in Construction Law on 1 October 2015 and is not maintained. Julie Teal and Suriya Edwards of Withers report on a case that...

Practice Note

Decennial insurance is insurance that is taken out by contractors which covers costs associated with the potential collapse of a building after completion or discovery of...

Practice Note

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to ensure that the work is...

Practice Note

Defects (priority classification) 1 The Architect/Contract Administrator may (acting reasonably) nominate the ‘Priority Classification’ of any particular defect,...

Precedents

Defects are a common issue on construction projects. Minor defects or patent defects (ie those which are apparent upon inspection) can often be dealt with during the...

Practice Note

It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify...

Practice Note

What is meant by design liability? If a party is said to have ‘design liability’, it means that they bear legal responsibility for all or part of the design of a...

Practice Note

The allocation of design responsibility is a key consideration in any construction project, as this will determine which party bears the risk of the design being...

Practice Note

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that they discover in...

Practice Note

Technically, a defect in a finished product is a breach of contract. However, it is widely accepted that defects will occur and manifest themselves on construction...

Practice Note

Overview In normal circumstances the only recourse available to a building owner, on discovering a defect, is to seek recovery from the contractor or from the members of...

Practice Note

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] [Name of defendant’s solicitor] [Address] [insert date] Dear [insert contact name] [PROSPECTIVE CLAIMANT’S NAME] AND...

Precedents

Materials, goods and workmanship The materials and workmanship used by a contractor for a construction project are of key concern for employers as, together with the...

Practice Note

While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant to advance a claim in...

Practice Note

This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to protect homeowners and...

Practice Note

This Practice Note deals with the principal types of policy or guarantee, other than latent defects insurance, that are currently on the market to protect...

Practice Note

What is product liability insurance and who needs it? Product liability insurance is a type of cover which, in the context of the construction industry, protects the...

Practice Note

This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is formulating the quantum...

Practice Note

Snagging 1 The Architect/Contract Administrator may deliver to the Contractor as an instruction a schedule of any incomplete items of work and defects outstanding at the...

Precedents

A no loss defence often arises due to the nature of the contractual matrix on construction projects. For example, a contract may be novated, the employer may not own the...

Practice Note