Q&As

Does an employer need to allow a contractor to rectify defects in the defects liability period if the extent or nature of the defects discovered give the employer significant concern as to the contractor's performance?

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Produced in partnership with Ryan Turner of Lamb Chambers
Published on LexisPSL on 05/07/2019

The following Construction Q&A produced in partnership with Ryan Turner of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Does an employer need to allow a contractor to rectify defects in the defects liability period if the extent or nature of the defects discovered give the employer significant concern as to the contractor's performance?

Does an employer need to allow a contractor to rectify defects in the defects liability period if the extent or nature of the defects discovered give the employer significant concern as to the contractor's performance?

Practical completion marks the end of the construction period of a project, when the works are ‘finished’ and the employer can occupy and/or use them. The Court of Appeal has held that practical completion is a state of affairs in which the relevant works have been completed free from patent defects, other than ones to be ignored as trifling, and can be achieved notwithstanding the existence of latent defects. See generally Practice Note: What is practical completion?

Once practical completion has been achieved and certified by the relevant person, ordinarily the contract administrator, this would typically mark the start of the defects liability period (also known as the rectification period or defects notification period).

Usually in a construction contract, the contractor will retain an express right for the contractor to have access to site to carry out the work to remedy any defects apparent at the time of practical completion or that manifest

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