Liability periods

In most standard forms, the liability for defects is dealt with differently for 3 distinct periods:

  1. construction period;
  2. rectification period;
  3. post-rectification period.

Construction period

During the construction period the contractor will:

  • have a contractual licence to possession of the site
  • be required to carry out remedial works.

The architect/contract administrator in many standard forms has extensive powers to have defects remedied including removal and substitution of defective materials and removal and re-execution of defective work.

Rectification period

During the rectification period, after practical completion of the works, standard forms generally give the contractor a licence to return to the site for the purpose of remedying defects.

Post-rectification period

During the post-rectification period, the contractor will no longer have a right of entry nor a right to remedy their own defects, although many standard forms provide a short transition period for the contractor to enter and remedy defects notified up to the end of the rectification period.

Standard forms therefore give the contractor the right to remedy their own defects both during the construction and rectification periods. This confers substantial benefits on both parties and gives the contractor the right as well as the obligation to correct defects, which in many cases will be less expensive than having others carry out the remedial work.