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Defects liability period (DLP) meaning

What does Defects liability period (DLP) mean?
In construction practice, the defects liability period (DLP) is the agreed window after practical completion (or takeover) during which defects that arise are notified to, and made good by, the contractor. It is a contractual device rather than a statutory concept, and appears across standard forms: JCT refers to the rectification Period, NEC to the defects date and Defects Correction Period, FIDIC to the Defects Notification Period, and the RIAI forms in Ireland use DLP terminology. The DLP is stated in the building contract, commonly six to twelve months (sometimes longer or varied by trade), and may run separately for sectional completion. During this period the employer/contract administrator lists defects (including snagging). The contractor has a right of access and a duty to remedy within the time stated or a reasonable time; failure permits the employer to instruct others and recover the cost. Expiry of the DLP typically triggers release of the remaining retention and certification that defects have been made good. The DLP does not cap liability for latent defects or affect contractual/statutory limitation periods. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, but effect always depends on the specific contract wording.
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View the related Practice Notes about Defects liability period (DLP)

PRACTICE NOTES
Construction contracts glossary—D: design and build, delay, defects, payment notices, dispute processes, dutyholders

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 D&B See Design and build beneath. DBO See Design, build and operate beneath. Date for completion/completion date Means the date stated therein in the building contract (typically within the contract particulars/contract data) by which the contractor must finish the works—ie the point by which practical completion is to be achieved (see Practice Note: What is practical completion?). This completion date may change over the course of the project, for instance where the contractor receives an extension of time. Should the works not be completed by the completion date, the contractor is liable to the employer for liquidated damages (where the contract so provides) or, failing that, general damages for delay in completion (arising from breach of contract thereunder). Date for possession The date set out in the building contract on which the employer gives...

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PRACTICE NOTES
Defects Liability and Rectification: Definitions, Procedures, Rights and Remedies under JCT, NEC and FIDIC, with Case Law and Limitation Periods

On construction projects, flaws commonly emerge within the works. Under the majority of building contracts, the contractor must return to site to make good any defects that arise or are identified within a set period after practical completion of the works, and to do so on site. In the industry, this window is usually called the defects liability period (DLP), though JCT contracts call it the rectification period, NEC uses the term defects date, and FIDIC refers to the defects notification period. What is a defect? As the DLP deals with remedying ‘defects’, it is important to consider the scope of that term and to understand what it is taken to cover. ‘Defect’ is not a technical term of art and there is no single ‘standard’ definition of what amounts to a defect in building works. In general terms, however, a defect is work that does not achieve the standard or a specification required by the building contract. This may result from faults in workmanship, materials or design,...

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