Q&As

What is the employer’s right to reject defective work, get the work remedied by another contractor and recover the costs of doing so as damages from the original contractor?

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Published on LexisPSL on 25/07/2019

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

  • What is the employer’s right to reject defective work, get the work remedied by another contractor and recover the costs of doing so as damages from the original contractor?

What is the employer’s right to reject defective work, get the work remedied by another contractor and recover the costs of doing so as damages from the original contractor?

A defect (or non-completion of an element of works) constitutes a breach of contract entitling the employer to an award of general damages. The employer is required to take reasonable steps to mitigate its loss—for example, it should generally permit a contractor to rectify defects during the defects liability period (if any is specified in the contract) as it will

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