Building defects case law
Building defects case law
All manner of disputes and disagreements can arise out of defective work. The most basic question will be whether a defect actually exists. Sometimes the answer is obvious, but where the specification for work is more complex, it may be a matter of technical judgment as to whether the work carried out is 'defective'. While the parties may be more concerned with defects they can see, often difficult problems arise out of the defects not immediately observable.
Where the relationship of the parties is governed by a contract, it is usually this that underlies what, in any given situation, may constitute 'defective work'. However, in modern building practice the contract is also important in providing a mechanism for dealing with defects, either as they arise during the construction project or after the conclusion of the work.
With a strong focus on relevant case law, this section covers:
- what patent and latent defects are;
- rights and obligations under defective liability clauses;
- how defects can affect practical and substantial completion;
- the Defective Premises Act 1972;
- the implications of defects for surveyors and valuers;
- when a defect may, or may not, give rise to a cause of action in tort;
- legal concepts such as ‘temporary disconformity’ and ‘complex structure theory’; and
- relevant limitation periods and the implications of the Latent Damage Act 1986.
This section is maintained by Martino Giaquinto of Mills & Reeve LLP.
RICS standards and guidance
- RICS property measurement
- UK commercial real estate agency
- New rules of measurement
- QS and construction standards
- Residential property standards
- Valuation standards
- List of RICS standards and guidance
- RICS standards and guidance archive
- What is a 'defect'?
Defects liability and other contractual provisions
- JCT Standard Forms
- Practical completion: when defects liability commences
- Defects and practical completion in practice
- Practical completion defined
- ICE Conditions of Contract (7th edition)
- Practical completion and substantial performance: the same thing?
- New Engineering Contracts Standard Form (NEC 3rd edition)
- Distinction between maintenance/defects provisions
- Defects liability: not an exclusive remedy
- What defects are caught by a defects liability provision?
- Effect of final certificate
- 'Temporary disconformity'
- Claims for defective work in tort
- The Defective Premises Act 1972
- The surveyor's duty to identify defects
- Defects and limitation periods
- Defects and the project team
- Defective work: the basic principle
- Cost of reinstatement
- Where cost of reinstatement is inappropriate
- Where diminution in value exceeds cost of repair
- The relevance of an intention to effect repairs, and who pays for them
- The date of assessment of the cost of repair
- Recovery of both cost of repair and diminution in value
- The basic principle: failure to identify defects
- Consequential losses
- Damages for loss of amenity, distress, anxiety and inconvenience