Recently, I received an urgent email from an old client about some work they had done by a builder. Just under six months ago, the contract works they had commissioned reached Practical Completion such that handover was given to them. The Defects Period (period where the contractor is required to fix any defects in construction caused by material or methodology) in the contract was six months from the issue of the Practical Completion Certificate.
So where is the problem?
Although there was a list of minor defects to be fixed at handover, they did not maintain constant contact with the builder. The builder did not fix all the defects immediately as they most likely had other jobs to attend to as well, but that does not absolve them of the responsibility. However, like most things in life, "if you don't ask, you don't get", so by not maintaining at least weekly correspondence of the status of the defects and using that same opportunity to raise any new defects may appear, getting defects fixed in a timely manner is unlikely.
So where is the problem?
Although there was a list of minor defects to be fixed at handover, they did not maintain constant contact with the builder. The builder did not fix all the defects immediately as they most likely had other jobs to attend to as well, but that does not absolve them of the responsibility. However, like most things in life, "if you don't ask, you don't get", so by not maintaining at least weekly correspondence of the status of the defects and using that same opportunity to raise any new defects may appear, getting defects fixed in a timely manner is unlikely.
Eventually the builder was chased to fix up the outstanding defects from the original construction period as well as any new defects which the corrective work (and over time) had brought about.... five months and twenty-eight days after the Practical Completion Certificate. That's just a couple of days prior to the Defects Period ending. What do you think the contractor's response was? Not a positive one.
What happens now?
I advised them that they should meet with the builder on site immediately and go through all the defects from oldest to newest, and where it is agreed that it was a true defect to the work (and not caused by occupation). They then should both agree to a program of rectification whereby after the works are completed, then the retention sum be released.
All this stress could have been avoided if there was constant communication with the builder.
So, surely you're not leaving your defects notice to your builder until last minute, right?
What happens now?
I advised them that they should meet with the builder on site immediately and go through all the defects from oldest to newest, and where it is agreed that it was a true defect to the work (and not caused by occupation). They then should both agree to a program of rectification whereby after the works are completed, then the retention sum be released.
All this stress could have been avoided if there was constant communication with the builder.
So, surely you're not leaving your defects notice to your builder until last minute, right?
RSS Feed
