Defective work is a common problem in construction contracts. It can lead to disputes between the parties and can even result in litigation.
There are a number of factors that can contribute to defective work, including:
- Poor workmanship
- Faulty materials
- Changes to the plans or specifications
- Errors in the design
- Lack of supervision
- Inclement weather
When defective work is discovered, the first step is to notify the contractor. The contractor is then responsible for rectifying the defect. If the contractor fails to rectify the defect, the owner may be able to take legal action.
The owner’s remedies for defective work will vary depending on the terms of the contract. In some cases, the owner may be able to:
- Require the contractor to rectify the defect
- Sue the contractor for damages
- Terminate the contract
The owner’s choice of remedy will depend on a number of factors, including the severity of the defect, the cost of rectification, and the likelihood of success in court.
Disputes can arise about the duties and obligations of an agent; for further information please contact David Collins or Kristy Nunn from our dispute resolution and litigation team.
Liability limited by a scheme approved under Professional Standards Legislation
