Defects liability period DLP
[edit] To make a comment about this article, click 'Add a comment' above. Separate your comments from any existing comments by inserting a horizontal line.
My understanding is that under JCT SBC the Contract Administrator is responsible for identifying defects (clause 2.38) rather than the Main Contractor.
This is a complex issue. The contract administrator does have the power to instruct the contractor to rectify defects. However, it is the contractor's responsibility to complete the works in accordance with the contract documents - that is, without defects. The end of the defects liability period does not mean the contractor is no longer liable for defects, only that they do not have the right to return to site to correct them.
This is why the article includes the suggestion that the contract administrator makes clear in any schedule of defects that it is not a comprehensive list of all defects. Otherwise the contract administrator would effectively be taking on a supervisory role.
However, the case of Pearce and High v Baxter suggests that the contractor may not be liable for the full cost of rectifying defects after the defects liability period if they have been prevented from rectifying them themselves during the defects liability period. This uncertainty means it is in the employer's interests to try to identify defects and have them rectified during the defects liability period.
what happens if the defect liability period is over and we have not received any formal defects list? Is the CA under contract to issue the defects list giving enough time for the contractor to complete the works before the defect liability period ends?
It depends what it says in the contract.
You must sign in or register to edit or comment on an article
Return to Talk:Defects liability period DLP.
Featured articles and news
The benefits of writing articles for your organisation
How to create a profile for your organisation and publish for free.
No Falls Week. The importance of safe working at height
What to expect and what is on offer to avoid accidents.
Scottish Government action to reach net-zero targets
Retrofit expert group highlight critical actions needed.
A forward thinking, inclusive global community of members.
From engineered product life-spans, to their extension.
Circular economy in the built environment
A brief description from 2021. Where are we now?
Mental Health Awareness Week with ABS
Architects Benevolent Society programme of activity.
CLC publishes domestic retrofit competency framework
Roadmap of Skills for net zero.
May 13-19: Moving more for our mental health.
Understanding is key to conservation.
Open industry engagement survey seeks responses
Institutions and the importance of engagement.
National Retrofit Hub unveils new guide
Digital Building Logbooks and Retrofit: An Introduction.
Enhancing construction site reporting efficiency
Through digitisation and the digital revolution.
Noise in the built environment
BSRIA guide TG 20/2021.
17,000 people suffer conditions as a result of exposure to excessive noise at work.
Turning down the noise: Auditory health
A pervasive risk with far-reaching consequences.
Getting the most out of heat pumps and heating
How heat pumps work and how they work best.
Electrotechnical excellence, now open for entries.