JCT: If additional defects are added after the issue of the final list can the Contractor challenge the defect and charge for returning to carry out the works

At the webinar about JCT D&B making good defects, we were told that it is only the defects listed on the final list that the contractor is obliged to rectify. If additional works are added as either being defects or as not being as described in the contract, could the contractor challenge the fact that the are defects an invoice the employer for carrying out the works?


If other defects are discovered and which are not listed in the Schedule of Defects the Contractor still has to attend to them as they would constitute a breach of Contract and the Employer is entitled to have them made good. The Schedule of Defects is therefore not exclusive.

There may be defences available to you such as the issue of a Final Certificate bu that is another complicated topic.