Most standard forms of contract will provide for a defects rectification period that gives the contractor the right to return to the site to remedy defects. However, this right only applies if it is written into the contract, if you have no written contract or a bespoke contract that is silent on this point then there is no such right.
Where there is a contractual right to return, then the contract typically sets out a process for the employer to follow to instruct the contractor to return. If the contractor fails to do so, then the most standard contracts then allow the employer to engage others to rectify the works.
Where there is no contractual right for the contractor to return to attend to remedial works then the employer is entitled to employ others to rectify the defects without first inviting the contractor back. Although in practice it may be sensible to do so to mitigate the losses of both parties.
Where there are defects then several remedies may exist. Firstly, the contract will typically provide that where the works are defective due to a breach of contract then the claiming party is entitled to a financial award to put them back into the position it would have been if the work had been correctly carried out. Typically, this is the reasonable cost of repair of the defect work or if the defect is not rectified, the difference in value or loss caused by the defective work.Contact us
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