Defects are works that have not been carried out in accordance with the contract specification.
Defects which are discoverable before the end of the defects liability period are described as patent defects.
Defects which could not have been discovered during the defects liability period are known as latent defects. For example, a problem with foundations which have been covered up but does not become apparent until several years later, when settlement causes cracks to appear.
Latent defects can result in liability for damages up to 15 years.
The Limitation Act 1980 governs time limits for bringing different types of legal claims. The defects period, aka. the 'rectification period' in Joint Contracts Tribunal (JCT), starts as soon as an Operative begins work on a project and typically lasts either three, six or twelve months.
Patent defects should be rectified as an ongoing process, as well as before the certificate of practical completion is issued, before the certificate of making good defects is issued, and ultimately before the final certificate is issued.
During the defects period, the end client reports any defects that arise to the relevant IN-SYNC Site Relationship Team (SRT) representative. They will then decide whether they are defects in the works (i.e. works that are not in accordance with the contract), or whether they are in fact maintenance issues.
If the SRT considers that they are defects, then we may issue instructions to the sub-contractor (operative) to make good the defects within a reasonable time, which may be paid for with funds from the total retention.
At the end of any operatives’ defects period, IN-SYNC will prepare a schedule of retention to be released to the client. If there are no outstanding defects, or issues to be resolved, then the retention would be released accordingly.
At IN-SYNC we provide an innovative remedial workmanship solution and management process, to achieve the reduction in project remedial costs and therefore enhanced quality. Talk to one of our Business Consultants today to find out how we can help
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