Defects liability period DLP

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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.

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