DEFECTS

Question 1

1. What is a defect?

Answer 1

ABIC SW‐2008 definition: A defect is any necessary work that is:
‐ In breach of any warranties set out in the contract documents.
‐ Not in accordance with the standard or quality of work as specified in the contract documents.

Question 2

2. Under the provisions of an ABIC contract what is the defects liability period and what is its purpose?

Answer 2

The defects liability period is the agreed period of time (typically 12 months) following Practical Completion of the works that allows for the contractor to rectify any defective work that is a result of poor workmanship (this does not include wear and tear due to occupation of the owner/tenant).

Question 3

3. How long should it be and why? Where in the ABIC contract is this documented?

Answer 3

The nominated period of typically 12 months allows time for defects to appear that might not have been obvious at PC.

Question 4

4. What is the difference between a defect and a maintenance item? Give examples.

Answer 4

A defect is a part or item of the building that has not been built in accordance with the contract documents (i.e tiles not laid evenly, causing trip hazard). A maintenance item is something that requires ongoing care for its upkeep and to maintain its optimum state in order to last (i.e. a timber deck requires oiling).

Question 5

5. When would you make an inspection for possible defects?

Answer 5

Any time
After the contractor has notified that they expect to reach PC
Following the date of Practical Completion (DLP)

Question 6

6. How would you communicate to the contractor those items you have determined are defects?

Answer 6

In a schedule with photographic and written description.

Question 7

8. What risks are there to the contractor during the defects liability period? How can they be minimised?

Answer 7

A potential risk is the owner damaging property once moving in and blaming the contractor. This can be minimised by a thorough defects inspection with written and photographic evidence, and have the owner confirm this in writing.

Question 8

9. What are the owner’s obligations when, as a result of a building defect, a major leak occurs to a roof in the middle of the night during a weekend?

Answer 8

Notify the architect and contractor as soon as possible. Contract insurance company.

Question 9

10. What are the contractor’s obligations when, as a result of a building defect, a major leak occurs to a roof in the middle of the night during a weekend?

Answer 9

To organise for its prompt rectification.

Question 10

11. What are the architect’s obligations when, as a result of a building defect, a major leak occurs to a roof in the middle of the night during a weekend?

Answer 10

Architect to promptly make a site inspection and promptly issue a notice of defect.

Question 11

12. What happens when a defect is discovered 2 days before the end of the defects liability period?

Answer 11

The architect can issue a notice of defect for the contractor to rectify (as it is still within the DLP). If the contractor has not rectified all defects by final certificate, as long as they were noted within the DLP, the contractor is obliged to rectify them.