Certificate of making good defects

JCT Contracts
1

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?

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2

You can if your works are defective. I would suggest that you go back and investigate the cause of the defect and is its down to your workmanship then you need to correct it.

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3

Thanks for that. The works are defective but not “construction defects”.

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4

Defects are not always the contractors fault although most architects will quickly blame the contractor when they are discovered.

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