JCT D&B16: What rights are available during defects liability period and Contractors obligation after termination?

JCT Contracts General
1

I have two queries in regards to Default and Termination Procedures under JCT D&B

  1. What rights are available during the defects liability period?

  2. What obligations do the Contractors have after termination?

2

If the Contract has been terminated because of Contractor Default then the Employer can engage someone else to complete the Works and any defects in the Works performed by the Contractor. The extra over cost of this is then deducted from the post Termination Account prepared by the Employer once the Works have been completed.

During the defects liability period the same applies but if the Contractor had not been terminated at that point in time and was just unwilling or refusing to attend to defects then the Employer can again engage someone else to attend to the defects and then claim the cost from the Contractor.

The Employer also has a choice under Clause 2.27 not to attend to the defect in which case it can then make an appropriate deduction from the Contract Sum in respect of the defects that are not made good.