ABSTRACT
Where an apparently completed building is found to contain defects of design or construction, the client for whom it was originally constructed may wish to take legal action against the person or organization responsible. Such an action will normally be based on a breach of contract: the building contract if the defect is one of construction, a consultant’s terms of appointment if there has been a design error. Whether or not the client’s claim succeeds is likely to depend upon various factors which were discussed in earlier chapters: the terms (express and implied) of the relevant contract, when the defects were discovered, whether or not a final certificate has been issued and so on.
