Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defects liability definition

What does Defects liability mean? In construction and engineering practice, defects liability describes a contractor’s contractual responsibility to make good defects in the works—typically identified at or after practical completion—within a defined period. It is not a statutory term; its scope and procedures are set by the contract (for example, JCT, NEC, RIAI or Irish Public Works Contracts), which usually provide a defects liability/rectification period, notice mechanisms, access rights, timeframes for correction, cost allocation, retention and the employer’s right to recover costs or engage others if the contractor does not remedy. Defects liability commonly covers failures to meet the contract requirements in workmanship, materials and,...

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

Published by a LexisNexis Construction expert

Practice notes

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, or from deficiencies in the quality of the work carried out...

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Web page updated on 21/05/2026

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