Last edited 08 Mar 2020

Remedial works in construction

Defects are aspects of the works that are not in accordance with the contract.

Defects can be 'patent' or 'latent'. Patent defects are those which can be discovered by reasonable inspection. Latent defects are those which cannot be discovered by reasonable inspection, for example, problems with foundations which may not become apparent for several years after completion.

Defects may occur because of:

When defects become apparent remedial work may be necessary to correct the defect. However, this is not always straightforward:

Defects are a very common cause of disputes on construction projects. The natural reaction to defects is to quickly apportion blame and seek redress to put the works back in the position they would have been if there had not been a defect. However, it is generally wise to take the time to correctly determine the cause of the defect, to assess the range or possible remedial actions and to assess the consequences of the resulting delay, disruption and cost of remediation against the impact of the defect.

This may take time, particularly if it requires that the works are opened up and tested, and it is important that any investigations be carried out by individuals with the capability of diagnosing the defect, assessing the extent of different parties responsibility and recommending suitable corrective measures. It may be that on proper consideration, it is in the clients interest to seek an alternative, negotiated solution rather than simply to seek redress.

When defects are identified before the end of the defects liability period, the contract will generally allow the contractor to carry out necessary remedial work. However, if the client requires that works are opened up and tested, and then no defect is found, they will generally have to bear the costs.

If defects become apparent after the defects liability period, there is generally no right for the contractor to return to the site to undertake remedial work and the client may employ others to correct the defect and claim damages from the contractor.

Losses may be assessed based on the reasonable cost of the remedial work, or where the cost of remedial works would be wholly disproportionate, the difference in the value of the works as a result of the defect, and the loss of amenity that the client has suffered.

NB The Home Quality Mark One, Technical Manual SD239, England, Scotland & Wales, published by BRE in 2018, suggests that: 'Where systems or services fail commissioning or are not performing as expected, remedial works are the measures taken to ensure systems and services pass commissioning. These measures may involve performing repairs and adjusting settings appropriate to the particular home being commissioned. These measures may also involve providing guidance or advice to occupants, where poor performance is partly due to how they are interacting with their systems or services (for example, where seasonal commissioning is carried out). The remedial works implemented must be in accordance with the recommendations made by the Commissioning strategy.'

NB: The term 'remediation' can also refer to works to improve contaminated land. See Contaminated land for more information.

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Comments

Great post for labourers , However there are many other tasks that may come under the definition of construction work. For example: Carrying out maintenance or upkeep on a building is construction work. ... Fitting mobile telecommunications equipment to the side of a structure is construction work.

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