"I would say that the amount of time I take to draft a good, comprehensive submission has been cut down by at least 60 to 70%. Having all these sources, commentary and journals at my fingertips is brilliant."
ParrisWhittaker
Access all documents on Defects liability
The liability of a party for defects in their workmanship.
Expressed in a contract as the extent and period of time over which a party is liable for defects either by imposing an obligation to rectify and/or pay damages arising from the defect.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Completing the JCT 2016 Intermediate Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This Checklist...
Completing the JCT 2016 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...
Discover our 14 Checklists on Defects liability
Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work:•for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or•in relation to any part of a ‘relevant building’, which is a building containing one or more dwellings (DPA 1972, s 2A),owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, with proper materials so that the dwelling is fit for human habitation.'Fit for habitation' does not impose a separate obligation, but is the standard by which 'workmanlike manner' and 'proper materials' are to be judged. This means that liability under DPA 1972, ss 1(1) and 2A is strict: if the works or materials provided have caused the dwelling to become unfit for habitation, the defendant is liable for breach of the statutory duty, regardless of whether it used reasonable skill and care, or met any other relevant standard in relation to its works or services.Note that DPA 1972, s 2A was...
This Practice Note covers the meaning of inherent defect, whether a landlord or a tenant has an obligation to remedy the defect, whether there are any implied obligations to remedy inherent defects and the position where the defect causes damage.Responsibility for repair under the Building Safety Act 2022 (BSA 2022) is not covered by this Practice Note. For content on liability under BSA 2022, see Practice Notes: Building Safety Act 2022—key provisions and issues and Building Safety Act 2022—landlord and tenant issues.Inherent defects in leasehold propertyDefects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems later on. In one leading case, defective joints in the basement of an office building let in water so that the basement was unusable. In another, poorly designed double glazing units led to condensation and black mould. Where such problems arise, the question of liability closely follows.Disputes over inherent defects in leasehold property frequently focus on the terms of the landlord’s or tenant’s...
Discover our 88 Practice Notes on Defects liability
Schedule of services—Structural Engineer (traditional procurement) Schedule of services—structural engineer (traditional procurement) The Consultant shall: General responsibilities (Stages 0–7) • [act as Lead Consultant in relation to the Project, which shall include: • advising in relation to the scopes of services for other members of the Design Team • advising on the need for other specialist consultants that may be required to complete the Project (and their scopes of services) • directing other consultants forming the Design Team • co-ordinating and integrating the design of the Project as a whole • arranging and chairing regular design meetings to facilitate the conduct of the Project and ensure that minutes are taken and circulated afterwards • facilitating communication between the Client and the Design Team] • [perform services as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 to ensure best practice at all times in respect of safety in design OR interact and liaise as required with the Principal Designer and ensure best practice at all...
Report on construction documentation [insert name of property] Executive summary [insert a general summary of the construction documents/highlight any key areas of concern] Building contract and related documents Save where otherwise indicated below, the Building contract, consultant’s appointments and collateral warranties are generally in line with what we would expect to see on the market, in particular containing the following: 1) a requirement to carry out the Works/provide the Services using a standard of reasonable skill and care to be expected of a qualified professional or contractor experienced in working on projects similar to the Works; 2) an obligation not to specify or use harmful or deleterious materials when carrying out the Works; 3) an obligation to provide an irrevocable and royalty-free copyright licence for use of any and all documents and materials produced by the Contractor/Consultants during the course of the Works, with such licence also being capable of being assigned or transferred to third parties without restriction; 4) a requirement to maintain professional indemnity insurance to...
Dive into our 15 Precedents related to Defects liability
What is decennial insurance? Decennial insurance is insurance that can be taken out by those responsible for the design and construction of buildings to cover the costs associated with the total or partial collapse of a building after completion or the discovery of latent/structural defects that compromise the building's safety or stability. Decennial liability originated in France in the early 1800s and has been enshrined in the French Civil Code ever since. The name derives from the fact that it imposed a ten-year liability, after completion of a project, on contractors and designers responsible for the design and construction of a building. Decennial liability acknowledges that the costs arising out of the complete or partial collapse of a building could be huge and may not be covered by other insurances. Cover under this type of insurance can include not just reinstatement of the building but also loss of use and/or loss of profits. Decennial liability is typically a form of strict liability, ie no proof is required...
Is there any case law or guidance on claiming damages (including loss of profit) in a defects claim where the parties are using an NEC contract? When determining what damages an employer may claim, it is necessary to consider general principles regarding damages. As set out in Practice Note: Quantum in construction claims, the normal function of damages for breach of contract is compensatory—the aim is to compensate the loss suffered by the claimant and place it in the same position, so far as money can do so, as it would have been in had the contract been performed. The extent to which a type of loss, such as loss of profits, may be recoverable is primarily governed by the concepts of causation and remoteness (although other factors, such as whether the claimant has mitigated its loss, will also be relevant). Accordingly, a claimant must first show: • there is a causal link between the breach (eg the defect) and the loss suffered • that the...
See the 10 Q&As about Defects liability
Insurance & Reinsurance analysis: The Court of Appeal has allowed Sky’s appeal against the judgment of His Honour Judge Pelling KC, and dismissed the cross-appeal of the Insurers, and in doing so has provided authoritative guidance on key principles applicable to construction all risks (CAR) insurance (and indeed property insurance in general). The judgment provides important clarification on four key issues—the meaning of ‘damage’; cover for deterioration/development of insured damage after the expiry of the policy; the recovery of investigation costs; and ‘any one event’ aggregation/deductible provisions. Written by Crispin Winser KC, barrister at Crown Office Chambers, who appeared as counsel for Sky both in the Commercial Court and in the Court of Appeal.
This week's edition of Construction weekly highlights includes the publication of the Grenfell Tower Inquiry Phase 2 report, the Department for Levelling Up, Housing and Communities (DLUHC)’s response to a consultation on further amendments to Approved Document B, the release of 2024 editions of the Joint Contracts Tribunal (JCT) Pre–Construction Services and Consultancy Agreements, analysis of a case in which the Technology and Construction Court (TCC) considered whether to set off or withhold enforcement of an adjudication decision (CNO Plant Hire v Caldwell), and a panel discussion on the implications of the Supreme Court’s decision in Abbey v Augusta (formerly Simply Construct).
Read the latest 33 News articles on Defects liability
**Trials are provided to all ÀÏ˾»úÎçÒ¹¸£Àû content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ÀÏ˾»úÎçÒ¹¸£Àû services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234