Defects

Defects can be a major source of disputes on construction projects, including arguments about whether something is in fact a defect, the requirement (or right) for a contractor to rectify defects, latent (hidden) defects, the duty to warn about defects in other parties’ work and the appropriate remedy for defective work.

There is no common or universal definition of ‘defect’ but, in broad terms, it is work that does not meet a specification or standard required by a contract due to fault(s) in the work, materials or design, or because of deficiencies in the quality of the work. For more detail on what a defect is, how defects can arise, rights and remedies in relation to defects and relevant case law, see Practice Note: Defects claims in construction—What is a defect?

There is a distinction in construction law between patent and latent defects—the former is a defect that is detectable during the works or during a defined period following practical completion known, usually, as the defects liability period. Note that a defect does not have to have been observed/detected in order to be patent; it is sufficient