JCT D&B Subcontract 2016 (unamended).
Engaged as a subcontractor we completed the works and received the practical completion certificate from the PM via the main contractor.
Defects liability / rectification period of 12 months. Requested certificate of making good defects after 12 months - not issued.
Contractor notifies additional (new) defects 14 months after practical completion. We refute on basis outside of defect liability period.
Contractor maintains that because they have not received the certificate of making good defects, time is now “at large”, the defects remain our liability, and they will use a 3rd party to rectify if we do not attend (and offset against our retention).
Surely we cannot be held liable in this situation?