Dealing with defects

Abstract

An unfortunate reality is that on most projects, defective work is inevitable. If not addressed properly, defective work can give rise to significant rectification costs, and cause delay to the successful completion of the project. The approach taken towards the management of defects is critical towards ensuring the success of the project and to protecting the community’s assets. This presentation will draw upon McCullough Robertson’s experience in successfully resolving defects disputes and provide a checklist of issues to consider when encountering a substantive defect. By turning its mind to each of the issues in the checklist, Principals will be able to manage the approach to defects, along with managing the recovery of costs from any parties responsible. Defects may be encountered during the project, or years later after the completion of the project. Both scenarios will be addressed in this presentation, and the powers of the Superintendent under the contract will be considered along with formal steps that parties can take to enforce their rights in respect of defects.