The following Construction Q&A provides comprehensive and up to date legal information covering:
As identified in Practice Note: Defects liability period and rectification of defects, there is no ‘standard’ definition of what constitutes a defect in building works. The precise meaning and scope of ‘defect’ will depend upon the terms of the contract in question (including any express definition of ‘defect’). For further information, see: Defects liability clauses: Emden's Construction Law by Crown Office Chambers [12.24].
The courts have previously attempted to define ‘defect’ in a range of legal claims but no clear definition has prevailed.
The case of Tate v Latham & Son (1876) 1 QB 502 (unavailable on Lexis®Library) defined a defect as ‘as lack or absence of something essential to completeness'. However, in Yarmouth v France, the court held that a defect in an item of plant included ‘anything which renders the plant, etc unfit for the use for which it is intended, when used in a reasonable way and with reasonable care'. Both cases concerned the meaning of defect in the context of employer liability
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Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions
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