ABSTRACT
Defects claims are very wide-ranging indeed. To the layman, a 'defect' will usually comprise some physical deficiency in the completed works, such as a leaking roof, or ill-fitting floorboards. Every construction practitioner will have come across defects claims. For some, they will be a bread-and-butter part of practice. In defects claims, these breaches will usually comprise: failure to comply with express obligations set out in contract documents; failure to comply with any express or implied obligation to carry out works or services with reasonable skill and care. In defects claims, quantum defences usually focus on two issues, namely that the pleaded remedial scheme is disproportionate or otherwise excessive or the claimant has failed to mitigate its loss. Many defects claims, particularly those involving multiple parties or those concerning chronic failures manifesting themselves over a long period of time, are by their nature pretty sterile, and often litigation is a last resort embarked upon to prevent claims becoming time-barred.
