Court considers effect of notice of making good defects under JCT contract (Swansea Stadium v City and County of Swansea)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Construction analysis: The Technology and Construction Court dismissed a claim brought by a tenant against a contractor (pursuant to a collateral warranty) for breach of the defects liability provisions of the building contract (a JCT Standard Form of Building Contract With Contractor’s Design 1998 edition). The effect of the Notice of Completion of Making Good Defects was that any defects required to be rectified under those clauses were deemed to have been made good. The tenant’s claim against the freeholder for failing to enforce the defects liability provisions of the building contract also failed.