Civil Engineering Reference
In-Depth Information
contractor must remedy all defects notified at
the end of the rectification period?
SBC clause 2.38 states that the contractor must make good the defects within a reasonable
time. Some other contracts do not include any reference to the matter at all. Where the con-
tract is silent, it is likely that the law will imply a term to the effect that the contractor must
rectify the defects within a reasonable time. The question then is the more difficult one of
'what is a reasonable time?' It is easy, and accurate, to say that the definition of a reason-
able time depends on all the circumstances, but it is not very helpful. Ultimately, what is
important is what the adjudicator, the arbitrator or the judge thinks is reasonable in any giv-
en situation.
Circumstances which will be taken into account in determining a reasonable deadline for
making good are the number of defects and the difficulty of rectification. If rectification re-
quires serious opening up of the fabric, it may well take some time. The urgency of a partic-
ular defect will also be a factor, as will other work in which the contractor is engaged. The
fact that a contractor is busy with other work is unlikely to weigh heavily with an adjudicat-
or in view of the fact that each defect is, of course, a breach of contract. Highly specialised
work may take longer to organise and rectify because of the difficulty in securing the ap-
propriate sub-contractor. As a rule of thumb, one might say that a medium-sized contractor
dealing with the average list of defects (i.e. one without any really serious problems) at the
end of a contract to construct a modest detached house should start work within a couple of
weeksafterreceivingthescheduleandfinishrectifyingthedefectsafterafurthertwotofour
weeks of reasonably continuous work. Obviously everything depends on the type of defect.
A contractor who does not proceed with the remedial work should be given seven days
notice to commence, after which the architect should advise the employer about the right to
instruct the defects not to be made good. The employer should exercise the right to engage
others, and the architect should then make an appropriate deduction from the contract sum
of the whole cost, including professional fees, involved in getting the defects made good.
