Q&As

Is it possible to issue a certificate of making good defects except in respect of a key defect which remains outstanding? Will the building contract need to be varied?

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Published on LexisPSL on 02/11/2018

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to issue a certificate of making good defects except in respect of a key defect which remains outstanding? Will the building contract need to be varied?

While we are aware of the occasional practice of a significant defect being carved out of a practical completion certificate (sometimes referred to as a ‘qualified practical completion certificate’), on the agreement that the defect will be rectified within a specified timeframe following practical completion, we have never come across this approach in relation to a certificate of making good defects. Having said that, we are not aware of any principle or case law to the effect that a defect could not be carved out of a certificate of making good defects in this way.

The parties should take note of the consequences that issuing a certificate of making good defects may have under the contrac

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