Defects are, unfortunately, a fact of life in construction projects, and contracting parties need to know how they ought to be dealt with. There is a broad assumption in the industry that a contractor has a right to come back and rectify problems arising post-completion, but the true position is not quite so straightforward.

Does a contractor have a right to rectify defects in its own work?

There is no common law right for a contractor to rectify its own defective work. Once practical completion is certified, the contractor can only return to the site with the employer’s permission. The presence of a defect amounts to a breach of contract by the contractor, which entitles the employer to damages, or rectification by the contractor or a third party at its election.

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