Defective Work Claims: Some things to be mindful of

Defective work claims are a common reason why Mellor Olsson is engaged by individuals and businesses that are involved in the construction industry. Defective work claims may arise during the course of a project or at the end when completion is reached. If a builder or subcontractor responds to a defective work claim by asserting that their work meets the required standard, it can cause delays and further complications for the principal.

Risk management is critical to avoid the potentially devastating consequences of a dispute. It is important to, where possible, negotiate favourable terms to your contract. This can include engaging a solicitor at the outset to review draft contracts. The complexity of contracts proposed by owners to head contractors and head contractors to subcontractors is increasing. Often a dispute resolution clause is included within the contract and with the right advice, if the contract provides a mechanism for dispute resolution, then we