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
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Practice notes
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 a ‘defect’ any shortfall against a standard that could not reasonably be expected under the contract. Clause 2.38 (SBC/Q 2024) addresses ‘defects, shrinkages or other faults in the Works or a Section...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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