Patent defect definition

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Negotiating repair obligations in Scottish commercial leases—checklist

Negotiating repair obligations in Scottish commercial leases—checklist At common law a landlord, in comparison to a tenant, has quite onerous obligations in so far as the maintenance and repair of a let premises is concerned, see Practice Note: Repair clauses in commercial leases in Scotland—Repair under the common law. In commercial leases, it is almost universal practice for the landlord to seek to divest itself of all common law repairing obligations in relation to the premises let to the tenant (but not the common parts in multi-let buildings, see Practice Note: Service charge and outgoing provisions in commercial leases in Scotland). As such, commercial leases typically impose significant repairing obligations on the tenant. The most common form of commercial lease is a full repairing and insuring (FRI) lease where the tenant is responsible for all repairs of whatever nature with the exception of insured risk damage, see Practice Note: Repair clauses in commercial leases in Scotland—Contracting out of the common law—the full repairing and insuring (FRI) Lease and The modern...

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Latent defects

Latent defects 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 projects both during and after the works have been carried out, and most contracts will often provide for any such breach to be rectified during the defects liability period (also known as the rectification period). During this time it is envisaged that the contractor will rectify defects which have become apparent since practical completion (these are generally considered patent defects). For more information on both practical completion and defects liability periods please refer to the respective Practice Notes: What is practical completion? and Defects liability period and rectification of defects. For consideration of what a defect is, see Practice Note: Defects claims in construction—What is a defect? For specific guidance on fire and building safety defects, see Practice Note: Fire safety defect claims for construction lawyers. What are latent defects? In order to establish what a latent (or inherent)...

Property—enquiries before contract

Property—enquiries before contract This Practice Note looks at the role of enquiries in the due diligence process and what to do when faced with preliminary enquiries in commercial property transactions. What are enquiries before contract? Enquiries before contract (also called pre-contract enquiries or preliminary enquiries) play a part in various scenarios; eg they are raised by a buyer on the acquisition of freehold or leasehold land, by a tenant before the grant of a new lease, by a mortgagee before taking a charge over land or by a landlord before accepting a surrender of a lease. For simplicity throughout the remainder of this Practice Note, reference will be made to ‘seller’ and’ buyer’ although this can include landlord and tenant or mortgagor and mortgagee as appropriate. Enquiries before contract take the form of questions asked directly of the seller by the buyer (although almost invariably with their respective legal advisers acting as intermediaries). Although enquiries before contract are often treated as a stand-alone part of the...