If the builder's work was defective, but it was rectified
before completion or handover of the works, was the builder ever in
breach of the contract?
The theory of 'temporary disconformity' is
often raised in disputes about defective work that is identified
before the work reaches completion or handover.
Builders often argue that because the builder still has the
opportunity to rectify, it follows that the builder is not in
breach of the contract.
Put another way, until the opportunity provided for in the
contract to rectify defective work has passed, the defective work
should be regarded as only a 'temporary disconformity' with
the contract and not a breach of the contract entitling the owner
to damages.
