Asset Management Disputes In Construction: Wear And Tear – Or A Systemic Defect Hiding In Plain Sight?

In our experience, the hardest asset management disputes are rarely about obvious defects at handover. They arise years later, and repeated failures start to look less like maintenance issues and more like an inherited design or construction problem. Common examples include balcony or podium leaks that return after patch repairs, façade movement across multiple elevations, plant that underperforms well before the expected design life, and compliance issues associated with combustible cladding.

The commercial difference between ordinary deterioration and a systemic defect is significant. If the issue is no more than the expected ageing of sealants, membranes, coatings, plant or finishes, it is usually a matter for planned maintenance and lifecycle budgeting.