Talk:Defects liability period DLP - Revision history

Designing Buildings at 07:33, 21 November 2022

2022-11-21T07:33:13Z

← Older revision		Revision as of 07:33, 21 November 2022
Line 1:		Line 1:
		+	=== 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.		My understanding is that under JCT SBC the Contract Administrator is responsible for identifying defects (clause 2.38) rather than the Main Contractor.

Line 12:		Line 15:

	It depends what it says in the contract.		It depends what it says in the contract.
		+
		+	-----

Designing Buildings at 15:44, 12 December 2018

2018-12-12T15:44:29Z

← Older revision		Revision as of 15:44, 12 December 2018
Line 8:		Line 8:
	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.		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?		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.

188.122.40.68 at 11:23, 12 December 2018

2018-12-12T11:23:18Z

← Older revision		Revision as of 11:23, 12 December 2018
Line 7:		Line 7:

	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.		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?

188.122.40.68 at 11:20, 12 December 2018

2018-12-12T11:20:37Z

← Older revision		Revision as of 11:20, 12 December 2018
Line 1:		Line 1:
−
	My understanding is that under JCT SBC the Contract Administrator is responsible for identifying defects (clause 2.38) rather than the Main Contractor.		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 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.		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.		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.

Designing Buildings: moved Talk:Defects liability period to Talk:Defects liability period DLP

2015-03-27T13:36:58Z

moved Talk:Defects liability period to Talk:Defects liability period DLP

← Older revision

Revision as of 13:36, 27 March 2015

Designing Buildings at 06:33, 14 October 2014

2014-10-14T06:33:28Z

← Older revision		Revision as of 06:33, 14 October 2014
Line 4:		Line 4:
	----		----

−	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.	+	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.

−	~~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.	+	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 means it is in the employer's interests to try to identify defects and have them rectified during the defects liability period.	+	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.

Designing Buildings at 06:29, 14 October 2014

2014-10-14T06:29:10Z

← Older revision		Revision as of 06:29, 14 October 2014
Line 4:		Line 4:
	----		----

−	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.	+	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.		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.

−	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 ~~had~~ been prevented from rectifying them themselves during the defects liability period. This means it is in the employer's interests to try to identify defects and have them rectified during the defects liability period.	+	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 means it is in the employer's interests to try to identify defects and have them rectified during the defects liability period.

Designing Buildings at 06:28, 14 October 2014

2014-10-14T06:28:10Z

← Older revision		Revision as of 06:28, 14 October 2014
Line 1:		Line 1:

	My understanding is that under JCT SBC the Contract Administrator is responsible for identifying defects (clause 2.38) rather than the Main Contractor.		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.
		+
		+	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 had been prevented from rectifying them themselves during the defects liability period. This means it is in the employer's interests to try to identify defects and have them rectified during the defects liability period.

86.169.236.161: Created page with " My understanding is that under JCT SBC the Contract Administrator is responsible for identifying defects (clause 2.38) rather than the Main Contractor."

2014-10-13T18:20:09Z

Created page with " My understanding is that under JCT SBC the Contract Administrator is responsible for identifying defects (clause 2.38) rather than the Main Contractor."

New page

My understanding is that under JCT SBC the Contract Administrator is responsible for identifying defects (clause 2.38) rather than the Main Contractor.