It is not unusual for construction projects to require minor or major rectification of parts of the works, either prior or subsequent to practical completion having occurred.
Most construction contracts provide for at least a 12 month defects liability period for such defects to be identified and rectified by the builder. This is a common contractual mechanism designed to resolve such issues. However, the parties may rely on their usual rights under contracts law and are subject to the statutory time limitations applicable to contractual claims.
Rowe Bristol Lawyers has extensive experience in advising clients as to disputes involving rectification works claims, including:
- considering and advising the client as to the merits of the claim;
- assessing the quantum of damages suffered by the client if rectification works are not undertaken as required by the contract;
- assessing the quality of work required by the contract for rectification works, including obtaining expert advice if necessary;
- negotiating with the other party to attempt to resolve the dispute without recourse to formal legal proceedings; and
- representing the client in mediations or formal legal proceedings (as applicable) with respect to orders seeking performance of rectification works and recovery of damages suffered for non-performance or substandard performance of rectification works.
If you require legal advice in relation to rectification works claims or a building and construction matter generally, please contact us to arrange a meeting so that we may consider your specific circumstances.
The above information in relation to rectification works claims is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.