Under JCT Standard Building Contract 2009 contracts, what is the legal position if a serious defect arises when a Works in virtually complete should the contractor deny liability, yet the employer is keen to move in?

JCT_Experts · 5 February 2013 14:39

Under these circumstances, it is highly unlikely that the contractor would refuse consent as contractually such consent cannot be legally withheld, and in addition practical completion causes the rectification period to commence. This effectively ends the contractor’s Works insurance and also effectively terminates the period during which liquidated damages can be incurred and claimed.

Topic		Replies	Views
The contractor says that, under JCT Intermediate Building Contract 2009, it has no liability for defects appearing after the end of the rectification period. Is that correct? JCT Contracts	1	570	5 February 2013
When an architect issues a certificate of practical completion with numerous defective items listed, but the contractor has neglected to remedy them, what course of action should be taken? JCT Contracts	1	522	6 February 2013
What is the legal procedure should an employer refuse an architect the permission to carry out the mandatory inspection once the rectification period has ended? JCT Contracts	1	339	5 February 2013
Should a contractor be aware of any time limit to remedy all defects at the end of the rectification period? JCT Contracts	1	423	5 February 2013
Is it legally permissible for an employer to take partial possession of a building so that an architect has no compunction to certify practical completion? JCT Contracts	1	1076	6 February 2013

Under JCT Standard Building Contract 2009 contracts, what is the legal position if a serious defect arises when a Works in virtually complete should the contractor deny liability, yet the employer is keen to move in?

Related Topics