Defects can occur for a variety of reasons, including:
- Substandard materials
- Improper workmanship
- Changes to the plans or specifications
- Errors in the plans or specifications
- Force majeure events
When a defect is discovered, the parties to the contract must first determine who is responsible for the defect. If the contractor is responsible for the defect, they are usually required to repair or replace the defective work. If the owner is responsible for the defect, they may be required to pay the contractor for the cost of repairing or replacing the defective work.
If the parties cannot agree on who is responsible for the defect, the dispute may be resolved through mediation, arbitration, or litigation.
For further advice please contact Mullane & Lindsay’s litigation and dispute resolution team and book a consultation.
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