Opening up works for inspection and testing
Construction contracts generally make provision for the contract administrator to instruct that inspections are carried out and that tests are undertaken on completed work where they suspect that there may be defects. They may carry out these tests themselves, or can have them carried out by third parties.
If those works have already been covered up, then this may require that they are opened up for inspection and testing, and clearly this may involve some cost and disruption for the contractor.
Where works are opened up, and tests reveal that there was no defect, then this may constitute a ‘relevant event’ and could entitle the contractor to an extension of time, and an addition may be made to the contract sum to pay the contractor’s costs, unless there was a requirement for the inspection or test to be carried out in the contract.
If a defect is revealed, the contractor must rectify it at their own cost.
Where a defect is revealed, and the contract administrator has reasonable cause to believe there may be other, similar defects (for example, a defect in the installation of insulation in one area may suggest there are similar defects elsewhere), they may issue further instructions for more of the works to be opened up. The contractor is not generally entitled to any adjustment of the contract sum or the completion date for these further tests, even if no further defects are found.
Similar provisions may exist in subcontracts allowing the contractor to instruct that subcontractors open up works for inspection and testing.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
- Building regulations inspection.
- Building sector failing on supervision.
- Certificate of making good defects.
- Decennial liability.
- Defects.
- Defects certificate.
- Defects correction period.
- Defects date.
- Defects liability period.
- Delay damages.
- Design liability.
- Desktop study.
- Dilapidations.
- Fit for purpose.
- Inspection.
- Latent defects.
- Patent defects.
- Practical completion.
- Remedial work.
- Scaffold register.
- Schedule of defects.
- Site inspector.
- Site inspection.
- Testing construction materials.
[edit] External references
- Out-law - Defective work in construction projects
- ‘The JCT 05 Standard Building Sub-contract’, BARNES, P., Blackwell Publishing (2006)
Featured articles and news
Government consultations for the summer of 2025
A year of Labour, past and present consultations on the environment, the built environment, training and tax.
CMA competitiveness probe of major housing developers
100 million affordable housing contributions committed with further consultation published.
Homes England supports Greencore Homes
42 new build affordable sustainable homes in Oxfordshire.
Zero carbon social housing: unlocking brownfield potential
Seven ZEDpod strategies for brownfield housing success.
CIOB report; a blueprint for SDGs and the built environment
Pairing the Sustainable Development Goals with projects.
Types, tests, standards and fires relating to external cladding
Brief descriptions with an extensive list of fires for review.
Latest Build UK Building Safety Regime explainer published
Key elements in one short, now updated document.
UKGBC launch the UK Climate Resilience Roadmap
First guidance of its kind on direct climate impacts for the built environment and how it can adapt.
CLC Health, Safety and Wellbeing Strategy 2025
Launched by the Minister for Industry to look at fatalities on site, improving mental health and other issues.
One of the most impressive Victorian architects. Book review.
Common Assessment Standard now with building safety
New CAS update now includes mandatory building safety questions.
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.