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Certificate of making good defects meaning

What does Certificate of making good defects mean?
A certificate under a building contract confirming that the contractor has made good defects, shrinkages and faults identified during the rectification (defects liability) period. It is normally issued by the architect or contract administrator (or the employer’s agent under design and build) once the notified items on the schedule of defects have been remedied and inspected. This is a contractual, not statutory, mechanism. Terminology varies between standard forms: JCT uses Certificate of Making Good (called a Notice of Completion of Making Good under JCT Design and Build); NEC uses a Defects Certificate serving a similar purpose; Irish forms (RIAI and the Public Works Contracts) provide equivalent certification at the end of the defects period. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, subject to the express terms of the contract. Typical legal effects include triggering release of the balance of retention, enabling issue of the final certificate/final account, and confirming that the contractor’s obligation to return for notified defects has ended, without limiting liability for latent defects or warranty obligations.
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View the related Practice Notes about Certificate of making good defects

PRACTICE NOTES
UK construction law glossary—C: contracts, procurement, CDM, insurance and dispute resolution

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...

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PRACTICE NOTES
JCT 2024 SBC/Q and DB: dealing with defects—definition, inspection/testing, rectification period, instructions and deductions, failure to rectify, practical completion, certificate of making good, final certificate, latent defects

This Practice Note examines the treatment of defects under the JCT Contracts 2024, with emphasis on the Standard Building Contract with Quantities and the Design and Build Contract. It considers what amounts to a defect under the JCT forms, who bears responsibility during construction and through the Rectification Period, how defects are rectified, consequences of failing to do so, and latent defects. It also addresses duties during the works, the Rectification Period, and handling latent issues appropriately. For broader commentary on defects, see Practice Note: Defects claims in construction. What is a defect under the JCT contracts? As is common with standard form agreements, most JCT forms do not provide a precise definition of ‘defect’. In general, a ‘defect’ is taken to mean work or materials that fail to comply with the contractual requirements. The Scottish Court of Session, in Autolink Concessionaires v Amey, observed that ‘any defect’ should receive a wide reading, though not so wide as to permit a party to demand enhancements by labelling as...

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View the related Precedents about Certificate of making good defects

PRECEDENTS
Precedent Owner–Developer Property Development Agreement (England and Wales): planning condition, building contract, collateral warranties/nominations, CDM compliance, payment (HGCRA), liquidated damages, insurance, defects, profit share

Date [ date ] Parties [ name of Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Owner) [ name of Developer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Developer) 1 Definitions Adjudication Date – the day on which any adjudicator appointed under HGCRA 1996 to determine a dispute regarding an amount due to: (a) the Developer under this Agreement; or (b) the Building Contractor under the Building Contract; delivers their decision; [ Adverse Rights – any easement, covenant, right or other interest affecting the Property, the release, discharge or variation of which is reasonably required to assist the Works or the use and occupation of the Development; ] [ Adverse Rights Agreement – any document that gives legal effect to the release,...

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PRECEDENTS
Forward Funding Development Agreement (England and Wales): funded construction, approvals, building contract, letting, project account, valuation and developer’s profit

Date [ date ] Parties [ name of Fund ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Fund) [ name of Developer ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Developer) [ name of Guarantor ], of [ address ] or, alternatively, incorporated in England and Wales (company registration number [ number ]) with its registered office at [ address ] (the Guarantor) The parties identified above enter into this Agreement on the stated date, with roles and definitions to be applied throughout as set out herein…

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