Rectification Period

Question 1

What is the rectification period?

Answer 1

It is a period of time, typically 12 months, which which the contractor must return to make good any defects that occur after practical completion has been reached and the contractor has handed over the building.

Question 2

What is the difference between a patent and latent defect?

Answer 2

patent defects are known at the time of practical completion or arise in the defects rectification period.

Latent defects arise after the defects rectification period.

Question 3

What is the effect of the final certificate?

Answer 3

The rectification period ends and the final retention monies are paid to the contractor.

Question 4

What is the effect of the final certificate?

Answer 4

The rectification period ends and the final retention monies are paid to the contractor.

Question 5

What is the final certificate?

Answer 5

Certification by the CA that the construction contract has been completed and all patent defects remedied. It marks the end of the rectification period.

Question 6

What remedies are available for patent defects?

Answer 6

The contractor undertakes the works or the client pays another contractor from the monies held within the retention.

Question 7

What remedies are available for latent defects?

Answer 7

The client can pursue litigation to obtain damage for breach of contract or negligence.

Question 8

What is the limitation period for underhand contracts?

Answer 8

6 years

Question 9

What is the limitation period as deed contracts?

Answer 9

12 years